Madras High CourtCRL OP/13744/2023disposed of

Radhika Kannan v. Inspector Of Police

2023-10-18Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.13744 of 2023 and Crl.M.P.No.8442 of 2023 Mrs.Radhika Kannan ... Petitioner Vs.

1.State Rep. by: The Inspector of Police, Central Crime Branch, CCB-II, Chennai.

2.Mr.John Peter Williams ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records of Crime No.70 of 2022 dated 17.12.2022 on the file of the 1st respondent Police CCB-II, Chennai and quash the same insofar as against the petitioner.

For Petitioner : Mr.B.Natarajan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.Sylvesten John for R1 1 / 4

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.70 of 2022, pending on the file of the 1st respondent. 2.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the investigation is completed and final report is likely to be filed soon. From the investigation, there are materials available to proceed with the prosecution. The reason stated to quash the First Information Report is not covered under the parameters of the Hon'ble Supreme Court judgment in M/s.Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and others reported in AIR 2021 SCC 1918; AIR Online 2021 SC 192.

3.In view of the above, the respondent police is directed to file the final report within a period of seventy five days from the date of receipt of a copy of this order.

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4.Accordingly, this Criminal Original Petition is disposed of. If aggrieved by the final report to be filed, liberty is given to the petitioner to challenge the final report in the manner known to law. Consequently, connected miscellaneous petition is closed.

18.10.2023 Index : Yes/No ssr To 1.The Inspector of Police, Central Crime Branch, CCB-II, Chennai.

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

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Dr.G.JAYACHANDRAN,J.

ssr Crl.O.P.No.13744 of 2023 and Crl.M.P.No.8442 of 2023 18.10.2023 4 / 4