S.Venkateshan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.9803 of 2023 S.Venkateshan S/o.Sanjivi
...Petitioner
Vs 1.State represented by The Inspector of Police, Perambalur Police Station, Perambalur.
2.A.Sekar S/o.Palanimuthu ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records related to the FIR in Crime No.580 of 2022 on the file of first respondent in respect of the petitoner herein is concerned and to quash the same. 1/4
For Petitioner : Mr.C.Prabakaran For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****
O R D E R
This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.580 of 2022 on the file of first respondent.
2. Learned Additional Public Prosecutor, on instructions, submitted that investigation has been completed and a final report has been filed before the Judicial Magistrate I, Perambalur and the same is yet to be taken on file.
3. In view of the above development, there is no scope to quash the First Information Report at this stage. There shall be a direction to learned Judicial Magistrate I, Perambalur, to act upon the final report filed by the respondent police within a period of six (6) weeks from the date of receipt of a copy of this order. If ultimately, the final report is taken on file and the petitioner is prosecuted as an accused and the petitioner is aggrieved by the same, it is left open to the petitioner to challenge the same in accordance with law.
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This Criminal Original Petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed. 13.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The Judicial Magistrate I, Perambalur.
2.The Inspector of Police, Perambalur Police Station, Perambalur.
3.The Public Prosecutor, High Court, Madras.
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N.ANAND VENKATESH, J gm 13.07.2023 4/4