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Madras High CourtCRL OP/12170/2022closed

Praveena v. The State Of Tamilnadu

2022-07-11Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11/7/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Criminal Original Petition No.12170 of 2022 a n d Criminal Miscellaneous Petition No.6833 of 2022 Praveena ...

Petitioner Vs

1. The State of Tamil Nadu rep. By The Inspector of Police Valparai Police Station Coimbatore District.

2. R. Madhanagopal ...

Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the entire records pertaining to the First Information Report, dated 11/4/2022 in Crime No.93 of 2022 on the file of the first respondent and quash the same.

For Petitioner ...

Mr.K.S.Karthik Raja For Respondents ...

Mr.E.Raj Thilak Additional Public Prosecutor for R.1.

Mr.Sam Jayaraj Houston for M/s. Sarvabhauman Associates for R.2.

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O R D E R

This Criminal Original Petition has been filed to quash First Information Report, dated 11/4/2022, in Crime No.93 of 2022, pending on the file of the first respondent, for the offences punishable under Sections 147, 294 (b), 348, 452 and 506 (ii) of the Indian Penal Code.

2. Heard Mr.K.S.Karthik Raja, learned counsel for the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor for the first respondent.

3. Today, when the matter is taken up for hearing, Mr.E.Raj Thilak learned Additional Public Prosecutor appearing for the first respondent submitted that investigation is already over and final report is filed before the learned Judicial Magistrate, Valparai.

4. Though the instant Criminal Original Petition is filed to quash the First Information Report, considering the fact that final report is filed before the learned Judicial Magistrate, Valparai, this Court is not inclined to quash the F.I.R in Crime No.93 of 2022.

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5. Accordingly, this Criminal Original Petition is dismissed. The learned Judicial Magistrate, Valparai, is directed to take final report on file and proceed as per law.

6. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner before the Trial Court is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., or on any other date as may be required by the trial Court. She shall be represented by a counsel, who shall cross examine the witnesses on the same day, when she is examined in Chief.

Consequently, connected Criminal Miscellaneous Petition is closed. 11/7/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

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N. SATHISH KUMAR, J mvs.

To

1. The Judicial Magistrate, Valparai

2. The Inspector of Police Valparai Police Station Coimbatore District.

3. The Public Prosecutor High Court Madras.

11/7/2022 Page No:4/4