← Library
Madras High CourtCRL MP/8898/2021allowed

The State Rep By Its v. Abhishek Pesala

2023-04-20Honourable Mr Justice Sunder Mohan3 pages

Crl. M.P. Nos. 8898 & 8900 of 2021 in & Crl. M.P.No. 448 & 452 of 2021 SUNDER MOHAN. J, This Court at the time of admission had granted an order of interim stay. The 1st respondent / State and the 2nd respondent / defacto complainant, both had filed petitions in Crl. M.P.No.8898 of 2021 and Crl.M.P.No.8900 of 2021, respectively, for an order to vacate the stay granted by this Court on 22.01.2021.

2. The learned Additional Public Prosecutor for the 1st respondent / State submitted that subsequent to the filing of the final report, they had collected some additional materials and further investigation report is ready to be filed before the Chief Metropolitan Magistrate, Egmore, Chennai.

3. In view of the above development, this Court is of the view that the interim order granted by this Court in Crl.M.P.No.448 of 2021 on 1/3

22.01.2021 has to be vacated to enable the 1st respondent / State, to file the further investigation report. Accordingly, Crl.M.P.Nos.8898 & 8900 of 2021 are allowed.

4. If the petitioner in the quash petition is aggrieved by such a report, it is open to him to challenge the same, in accordance of law.

5. The order dispensing the presence of the petitioner before the Trial Court, pending disposal of the Criminal Original Petition, shall continue.

20.04.2023 kan 2/3

SUNDER MOHAN. J, kan Crl. M.P. Nos. 8898 & 8900 of 2021 in 20.04.2023 3/3