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Madras High CourtCRL OP/18986/2023dismissed

N.Thirupathi v. Inspector Of Police

2023-11-23Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.11.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and Crl.M.P.No.12697 of 2023 N.Thirupathi ... Petitioner -vs1. The State, rep. by The Inspector of Police, Valparai Police Station, Coimbatore District.

(Crime No.42 of 2023).

2. The Deputy Superintendent of Police, Valparai Sub-Division, Anaimalai, Coimbatore District.

3. R.Ranjithkumar

...Respondents

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, call for the records relating to the Crime No.42 of 2023, on the file of the 1st Respondent police and quash the same. For Petitioner : Mr.N.Manokaran Page No.1/5

For Respondents 1 & 2: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) For 3rd Respondent : Mr.S.Ashok Kumar

ORDER

The petitioner is a Government Teacher, against whom his colleague has given a complaint alleging the offence under Section 294(b) IPC and Sections 3(i)(r) and 3(i)(s) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 and the petitioner alleging that no offence under SC & ST Act attracted in this case and on reading of the complaint, this quash petition was filed and on the date of admission, this Court granted stay of investigation for a period of 8 weeks. After 22.08.2023 the case could not be listed and heard.

2. When the matter was taken up for consideration today, the learned Government Advocate (Crl.Side) states that on completion of investigation, the final report has been filed before the learned Judicial Magistrate on 04.07.2023 itself, which is much before the grant of interim stay of investigation.

3. In the light of the above fact, this Court is not inclined to look into the other aspects canvassed in the quash petition. Hence, this Criminal Original Page No.2/5

Petition is dismissed with liberty to the petitioner herein to raise those points, if necessary at the appropriate stage, after receipt of the documents relied upon by the prosecution and serve on to him as per Section 207 of Cr.P.C. Consequently, connected miscellaneous petition is closed.

23.11.2023 Index : Yes/No ssn To

1. The Inspector of Police, Valparai Police Station, Coimbatore District.

2. The Deputy Superintendent of Police, Valparai Sub-Division, Anaimalai, Coimbatore District.

3. The Public Prosecutor, Madras High Court, Madras.

Page No.3/5

Dr.G.JAYACHANDRAN, J., ssn and Crl.M.P.No.12697 of 2023 Page No.4/5

23.11.2023 Page No.5/5