Madras High CourtCRL OP/24220/2022disposed of

Murugan @ Murali v. The Station House Officer,

2022-10-11Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM 1.Murugan @ Murali 2.Selvam @ Selva ...

Petitioners /vs/ 1.The Station House Officer, Ariyankuppam Police Station, Ariyankuppam, Pondicherry, Union Territory of Puducherry.

2.Deivani ...

Respondents Prayer : The Criminal Original Petition has been filed to call for the records pertains to the impugned FIR in Crime No.94 of 2019 on the file of the 1st respondent police and quash the same. For Petitioner ... Mr.P.R.Thiruneelakandan For Respondent No.1 ... Mr.V.Balamurugane Public Prosecutor (Pondicherry) (I/C)

ORDER

This Criminal Original Petition has been filed to call for the records pertains to the impugned FIR in Crime No.94 of 2019 on the file of the 1st respondent police and quash the same.

2.The learned counsel for the petitioners submitted that earlier the petitioners challenged the FIR in Crime No.94 of 2019 in Crl.O.P.No.4120 of 2020. In that criminal original petition, the counsel for the respondent police submitted that final report was filed on 29.12.2019 before the trial Court and based on that submission, Crl.O.P.No.4120 of 2020 was dismissed as infructuous. Subsequently, the petitioners filed a copy application before the trial Court seeking final report filed by the respondent police, which was returned on 17.08.2022 on the ground that final report has not been filed by the respondent police. Therefore, this present criminal original petition has been filed challenging the FIR in Crime No.94 of 2019.

3.The learned Public Prosecutor (Pondicherry) (I/C) appearing for the first respondent on instructions submitted that final report has been filed before the trial Court, which is pending and due to Covid- 19 situation, more than 200 cases have been kept pending without taken on file.

4.Recording the submission made by the Public Prosecutor (Pondicherry (I/C)), this Criminal Original Petition is closed with the direction to the learned Judicial Magistrate to take the final report filed in Crime No.94 of 2019 on file, if it is in order immediately and also liberty is granted to the petitioners to challenge the final report filed by the respondent police.

With the above directions, the Criminal Original Petition is disposed of.

Index : Yes/No Internet: Yes/No 11.10.2022 sms

V.SIVAGNANAM ,J.

sms To 1.The Station House Officer, Ariyankuppam Police Station, Ariyankuppam, Pondicherry, Union Territory of Puducherry.

2.The Public Prosecutor, High Court, Madras.

11.10.2022