Jagan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2023

CORAM:

THE HONOURABLE Ms.JUSTICE R.N.MANJULA and Crl.MP.No.8394 of 2021 Jagan

...Petitioner

-Vs1. The State rep. by The Inspector of Police, Guduvanchery Police Station, Chengalpattu District.

Crime No.836 of 2021

2. Annamalai ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, praying to call for the records and quash the FIR in Crime No.836 of 2021 on the file of the respondent police. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 *** 1/4

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.836 of 2021 on the file of the first respondent Police and quash the same.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent. Perused the entire materials available on record.

3. The learned counsel for the petitioner by producing the defacto complainant and the accused submitted that the complaint was obtained from the defacto complainant by the police, though the contents were not true and the police refuse to record his statement.

4. Whatever statement the witnesses intend to give that should be recorded by the first respondent police and they are obliged to do the same as a part of investigation. Since the matter is of the year 2021, it is appropriate for the first respondent police to complete the investigation by getting further statements, if any from the defacto complainant and other witnesses and conclude the investigation.

2/4

5. In view of the aforesaid reasons, this Criminal Original Petition is disposed of with a direction to the first respondent police to complete the investigation by enquiring the witnesses, who volunteer to give their statement and file a final report within a period of one month from the date of receipt of a copy of this order. Consequently, connected Criminal Miscellaneous Petition is also closed.

21.02.2023 Index : Yes/No Speaking/Non Speaking order kmi Note: Issue Order copy on 21.02.2023 To

1. The Inspector of Police, Guduvanchery Police Station, Chengalpattu District.

2. The Public Prosecutor, High Court of Madras Chennai-600 104.

3/4

R.N.MANJULA, J kmi and Crl.MP.No.8394 of 2021 21.02.2023 4/4