Madras High CourtCRL OP/30450/2011closed

G.Abirami v. The State Rep By

2016-11-30Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.30450 of 2011 and MP.No.1 of 2011 G.Abirami .. Petitioner Rep.by her Power Agent G.Padmavathy Vs

1. The State rep. by Inspector of Police District Crime Branch, Cuddalore District.

2. Rafael Alponse .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records relevant to the FIR No.46/2011 dated 08.07.2011 on the file of the respondent Inspector of Police, District Crime Branch, Cuddalore District and quash the same. For Petitioner : M/s.P.A.Chithramani For R1 :

Mr.C.Emalias, Addl. Public Prosecutor For R2 :

Mr.R.Muralidharan

O R D E R

This Criminal Original Petition has been filed to call for the records relevant to the FIR No.46/2011 dated 08.07.2011 on the file of the respondent / Inspector of Police, District Crime Branch, Cuddalore District and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent and the learned counsel appearing for the de-facto complainant.

3. Today, Mr.E.Venkatesh, ALGSC, Cuddalore District is present.

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4. On instructions, learned Additional Public Prosecutor submitted that the investigation in Crime No.46 of 2011 was completed and the petitioner has not been arrayed as an accused, but has been included as a prosecution witness in the final report. The final report has also been filed before the Special Magistrate, Land Grabbing Cases. On account of the stay granted by the Supreme Court, all the proceedings are filed before the said Magistrate. The final report has been returned on 07.07.2015.

5. Under such circumstances, this Court directs the 1st respondent police to file the final report before the jurisdictional Magistrate, i.e. Judicial Magistrate No.2, Panrutti within four weeks from the date of receipt of a copy of this order and on such filing, the Judicial Magistrate No.2, Panrutti is directed to take the same on file and pass orders in accordance with law.

With the above direction, this petition is closed. Consequently, connected miscellaneous petition is closed. Mk Sd/- Assistant Registrar (CS III) /TRUE COPY/ Sub-Assistant Registrar To

1. The Inspector of Police District Crime Branch, Cuddalore District.

2. The Public Prosecutor, High Court, Madras.

CRL.OP.No.30450 of 2011 SSI[CO] MK:02/01/2017 https://hcservices.ecourts.gov.in/hcservices/