V.J. Kumar @ V. Jaya Kumar v. Inspector Of Police (Law And Order)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 7/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.11191 of 2022 V.J.Kumar @ V.Jaya Kumar ... Petitioner Vs
1. The Inspector of Police (L & O) P 6 Kodungaiyur Police Station Kodungaiyur Chennai 600 118.
2. S. Rajendran ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the entire records in connection with F.I.R in Crime No.526 of 2010 on the file of the first respondent Police and quash the same.
For Petitioner ... Mr.K.Kannan For Respondents ... Mr.A.Gokulakrishnan Additional Public Prosecutor for R.1
O R D E R
This Criminal Original Petition has been filed to quash the entire records in connection with F.I.R in Crime No.526 of 2010, on the file of the first respondent Police.
2. The crux of the allegation in the First Information Report is that while organising the temple festival, a petty quarrel had happened between the petitioner and defacto complainant.
3. Heard Mr.K.Kannan, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the first respondent.
4. Learned counsel appearing for the petitioner submitted that though the First Information Report is filed in the year 2010, no progress has been made and investigation has not yet https://hcservices.ecourts.gov.in/hcservices/
commenced.
5. Learned Additional Public Prosecutor appearing on behalf of the first respondent, on instructions fairly submitted that they have not completed investigation so far.
6. On going through the First Information Report, it would indicate that there is a petty quarrel in the temple festival. The fact remains that from the year 2010, no progress has been made towards investigation. The very delay of more than 12 years, would indicate that the prosecution has not unearthed any materials to proceed further. Therefore, this Court is of the view that continuing the First Information Report without any progress or materials is a clear abuse of process of law.
7. Accordingly, this Criminal Original Petition is allowed and the First Information Report in Crime No.526 of 2010, on the file of the Inspector of Police (L & O), P 6 Kodungaiyur Police Station, Kodungaiyur, Chennai, is quashed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mvs.
To
1. The Inspector of Police (L & O) P 6 Kodungaiyur Police Station Kodungaiyur Chennai 600 118.
2. The Public Prosecutor, High Court, Madras. Crl. O.P. No. 11191 of 2022 MT(CO) CT/23/06/2022 https://hcservices.ecourts.gov.in/hcservices/