Madras High CourtCRL OP/20801/2023closed

Dr.S.S.Sukumar v. The State Rep.By

2023-09-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20801 of 2023 and Crl.MP.No.14230 of 2023 Dr.S.S.Sukumar, Age-63 Anesthetist M.K.Nursing Home No.25, RS Mudali Street Old Washermanpet Chennai-600 021.

.. Petitioner /1st Accused .Vs.

1.The State Rep.by the Inspector of Police H-3, Tondiarpet Police Station Washermetpet.

..1st Respondent/Complainant 2.Mr.Devaraj S/o.Srinivasan ..2nd Respondent/de facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR in Cr.No.33 of 2020, dated 28.1.2020 and 2.2.2021 on the file of the 1st respondent police and quash the same. For Petitioners : Mr.Abdul Saleem Senior Counsel for M/s.AAV Partners For Respondents : Mr.A.Gopinath Government Advocate (Crl.side) for R1

ORDER

This Criminal Original Petition has been filed to quash the FIR in Cr.No.33 of 2020, 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 final report has been filed before the XV Metropolitan Magistrate, GT Court, Chennai and the same has been taken on file in C.C.No.1342 of 2023.

3.The leaned Senior Counsel appearing on behalf of the petitioner submitted that the entire procedure that was adopted by the respondent Police is illegal and the judgement of the Apex Court in Jacob Mathew case was not followed. 4.In the considered view of this Court, the Court below has taken the final report on file and a number has been assigned. Therefore, liberty is granted to the petitioner to challenge the proceedings in C.C.No.1342 of 2023, by taking all these grounds.

5.This criminal original petition is accordingly closed. 19.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KP

To 1.The Inspector of Police H-3, Tondiarpet Police Station Washermetpet.

2.Public Prosecutor High Court of Madras.

N. ANAND VENKATESH, . J.

KP Crl.O.P No.20801 of 2023 19.09.2023