Madras High CourtCRL OP/13258/2022disposed of

Gokulakrishnan v. State By The Inspector Of Police

2022-06-10Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.13258 of 2022 and CRL.M.P.No.7109 of 2022 Gokulakrishnan ... Petitioner / Accused Vs.

1.State by The Inspector of Police P-2, Otteri Police Station Chennai (Crime No.910/2016) ...1st Respondent / Complainant 2.G.Yoganathan ...2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.1037 of 2017 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai and quash the same. For Petitioner : M/s.P.Aparna For Respondents: Mr.Leonard Arul Joseph Selvam Govt. Advocate (Crl.Side) for R1

ORDER

This petition has been filed to quash the final report filed in C.C.No.1037 of 2017 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai.

2.During the submissions of the learned counsel for the petitioner, it came to light that the substantial witnesses have been examined except the Investigating Officer. https://hcservices.ecourts.gov.in/hcservices/

3.In such view of the matter, this Court is of the view that the final report filed in C.C.No.1037 of 2017 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai cannot be quashed. As a matter of fact, it is for the trial Court to appreciate the evidences and decide the matter on merits. 4.Therefore, the trial Court is hereby directed to dispose of the matter within a period of two (2) months from the date of receipt of a copy of this order.

5.The Criminal Original Petition stands disposed of accordingly. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kas To

1. The X Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police P-2, Otteri Police Station Chennai (Crime No.910/2016)

3. The Public Prosecutor High Court of Madras, Chennai.

CRL.O.P.No.13258 of 2022 and CRL.M.P.No.7109 of 2022 PMK[co] NSK/22/06/2022 https://hcservices.ecourts.gov.in/hcservices/