Hemant Lamba v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN and Crl.M.P.No.11079 of 2022

1. Hemant Lamba

2. Sauro Mezzetti

3. Lisa Neogy @ Renu

4. Michel Jacques Joseph Gronoff @ Wazo

5. Suryan Stettner

6. Chali Ginnell ... Petitioners Vs.

1. The State of Tamil Nadu Represented by the Inspector of Police, Auroville Police Station, Villuppuram District.

2. P.R.Srinivasamurthy, Under Secretary, No.AF/G/6/453 Auroville Foundation, Auroville - 605 101 ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records in connection with the FIR in Crime No.134 of 2022, on file of the Inspector of Police, Auroville Police Station, Viluppuram, and quash the same.

For Petitioners : Mr.B.N.Suchindran For R1 : Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.134 of 2022, pending on the file of the respondent police.

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 material 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. -vsState 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 75 days from the date of receipt of a copy of this order.

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

18.10.2023 Index : Yes / No skr To 1.The Inspector of Police, Auroville Police Station, Viluppuram District.

2. The Public Prosecutor, High Court of Madras.

G. JAYACHANDRAN, J.

skr and Crl.M.P.No.11079 of 2022 18.10.2023