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Madras High CourtCRL OP/5184/2017disposed of

Nithiya, Aged 39 Years, v. State Rep. By Its

2021-10-25Honourable Mr Justice Krishnan Ramasamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2021 C O R A M THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY CRL.O.P.NO.5184 OF 2017 AND CRL.M.P.NO.3850 OF 2017 Nithiya ... Petitioner .Vs.

State Rep. by

1. The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai District.

Crime No.619 of 2016

2. Akalya ... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, prayed to call for the records and quash the proceedings in Crime No.619 of 2016, pending investigation on the file of the first respondent. For Petitioner : Mr.S.Shankar For R1 : Mr.L.Baskaran Government Advocate (Crl. Side) For R2 : Mr.Babu Rangasamy

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.619 of 2016, pending investigation on the file of the first respondent.

2. The learned Government Advocate appearing for the first respondent Police submitted that, the learned Judicial Magistrate No.I, Thiruvannamalai vide order dated 05.09.2017 in https://hcservices.ecourts.gov.in/hcservices/

C.M.P.No.836 of 2017, has closed the case in Crime No.619 of 2016, under Section 468 of the Code of Criminal Procedure, stating that the charge sheet has not filed within a stipulated time. He further submitted that he makes his submission on getting instructions through phone from the Mr.Chandrasekaran, Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai District.

3. The present case has been filed to quash the F.I.R, which was filed by the respondent-sister for trespassing in her property. It is a family dispute, therefore after registering F.I.R, the complainant has not proceeded with the case and the first respondent Police was not able to file the charge sheet in time. Since the F.I.R. itself closed, no further adjudication in required in this petition.

4. Recording the submission made by the learned Government Advocate, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rst To 1.

The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai District.

2.

The Public Prosecutor, High Court, Madras - 104.

CRL.O.P.NO.5184 OF 2017 AND CRL.M.P.NO.3850 OF 2017 GSM(CO) PBS/11/11/2021 https://hcservices.ecourts.gov.in/hcservices/