Karthick v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.11452 of 2023

1. Karthick

2. Dhanapakkiyam

3. Ragavendran

4. M.Chitra

5. Kuppan @ Murugesan .. Petitioners

Versus

1. State rep by Inspector of Police, AWPS, Thirukovilur, Kallakurichi.

2. S.Priyanka .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in connection with the FIR in Crime No.16 of 2021, pending on the file of 1st respondent AWPS, Thirukoilur, Kallakurichi and quash the same. For Petitioners : Mr.T.Shanmugaboopathi For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, 1/4

for R1

ORDER

This petition has been filed seeking to quash the F.I.R in Crime No.16 of 2021 pending on the file of the first respondent.

2. The learned Counsel for the petitioners submitted that earlier, a quash petition was filed before this Court and it was submitted on the side of the respondent Police that the investigation has been completed and a Final Report has been filed before the learned Judicial Magistrate, Sankarapuram. Recording the same, the quash petition was also closed. The petitioners made a Copy Application before the concerned Court and it was returned on 26.07.2023 with an endorsement that the case continues to be at the stage of F.I.R and no further records are available in the Court. In view of the same, the second quash petition has been filed before this Court.

3. The learned Additional Public Prosecutor, on instructions, submitted that the Final Report has now been taken cognizance by the learned Judicial Magistrate, Sankarapuram and it was taken on file in C.C.No.46 of 2023.

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4. Now that a Calendar Case number has been allotted by the concerned Court, there is no question of interfering with the F.I.R at this stage. If ultimately summons are issued to the petitioners and the petitioners are aggrieved by the proceedings, it is left open to the petitioners to work out their remedy in the manner known to law. Accordingly, this Criminal Original Petition is disposed off. Consequently, connected miscellaneous petition is closed.

07.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Inspector of Police, AWPS, Thirukovilur, Kallakurichi.

2. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs and Crl.M.P.No.11452 of 2023 07.08.2023 4/4