Nagaraj @ Nagarajan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.19819 of 2023 and Crl.M.P.No.13411 of 2023 Nagaraj @ Nagarajan ... Petitioner Vs.

1.The State Rep. by The Inspector of Police, Port Nova Police Station, Cuddalore District.

(Crime No.114 of 2017) 2.Sakkaraivelu

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the proceedings of the FIR in Crime No.114 of 2017 on the file of the Inspector of Police, Port Nova Police Station, Cuddalore District and quash the same insofar as the petitioner is concerned. For Petitioners : Mr.M.Senthilkumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 1/4

O R D E R

This petition has been filed to quash the FIR in Crime No.114 of 2017 pending investigation before the 1st respondent.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the 1st respondent.

3.The petitioner had earlier filed a quash petition in Crl.O.P.No.8149 of 2023 and the same was disposed of with a direction to the respondent police to complete the investigation and to file a final report within a period of one month. Since the final report has not been filed, the petitioner has once again filed a quash petition. 4.The learned Additional Public Prosecutor on instructions submitted that the final report was filed before the learned District Munsif-cum-Judicial Magistrate, Parangipettai and it was returned to comply with certain defects. The learned Additional Public Prosecutor submitted that the defects will be rectified and it will be re-presented before the Court below by next week.

5.It is made clear that the 1st respondent will re-present the final report by next 2/4

week and on such re-presentation, the Court below shall act upon the same, within a period of four weeks. If ultimately, the Court below takes the final report on file and issues summons to the petitioner and the petitioner is aggrieved by the same, it is left open to the petitioner to workout his remedy in the manner known to law. 6.Accordingly, this criminal original petition is disposed of with the above directions. Consequently, connected miscellaneous petition is closed. 31.08.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr To 1.The Inspector of Police, Port Nova Police Station, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P.No.19819 of 2023 and Crl.M.P.No.13411 of 2023 31.08.2023 4/4