Madras High CourtCRL OP/3586/2017dismissed

A.Nandakumar, Aged 43 Years, v. State Rep. By

2021-11-09Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2021

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.3586 OF 2017 AND CRL.M.P.NO.2591&2748 OF 2017 A.Nandakumar ... Petitioner/Accused .Vs.

1. The State Rep. by, The Inspector of Police, Investigating Officer, Hosur Town Police Station (incharge) All Women Police Station, Hosur.

2. P.Sridevi ... Respondents/Defacto Complainant PRAYER:- Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.75 of 2010 on the file of the Judicial Magistrate No.II, Hosur and quash the same.

For Petitioner :

Mr.Gnanasekar For Mr.N.A.Nissar Ahmed For Respondents : Mr.S.Vinothkumar For Public Prosecutor For R1 No appearance for R2

ORDER

The petitioner, who is an accused in C.C.No.75 of 2010, on the file of Judicial Magistrate No.II, Hosur, has filed this quash petition.

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2. The main contention of the petitioner is that the final report has been filed by the respondent against the petitioner under Section 498 A of IPC. He further submitted that this Court has already quashed the final report as against A2 and A3, and the same has to be applied to A1.

3. The very first submission of the learned counsel for the petitioner by comparing the order passed by this court qua A2 and A3 cannot be countenanced for the simple reason that the final report filed against A2 and A3 prima facie discloses the allegations culminated against A1.

4. When the investigation has been completed and final report has been filed, this Court by exercising its power under Section 482 of Cr.P.C., cannot conduct a roving enquiry or decide and probe into the evidence at this stage, which have to be gone into only during the trial. Such being the position, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar msv To The Judicial Magistrate No.II, Hosur.

+1cc to Mr.K.Shyam Sundar, Advocate, S.R.No.57545 +1cc to Mr.N.A.Nissar Ahmed, Advocate, S.R.No.57515 CRL.O.P.NO.3586 OF 2017 AND CRL.M.P.NOS.2591&2748 OF 2017 VG-II(CO) PBS/03/12/2021 https://hcservices.ecourts.gov.in/hcservices/