Madras High CourtCRL OP/27034/2019closed

Prithviraj v. The State Represented By

2020-11-19Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.No.27034 of 2019 and Crl.M.P.No.14441 of 2019 Prithviraj, S/o.O.Panneerselvam ...

Petitioner versus 1.The State represented by The Inspector of Police, Katpadi Police Station, Vellore District.

2.Ashok Kumar, S/o.Sekar ...

Respondents Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, seeking to call for the records relating to the FIR in Crime No.397 of 2019 on the file of the Inspector of Police, Katpadi Police Station, Vellore District and quash the same.

For Petitioner : Mr.R.Rajadurai For Respondent No.1 : Mr.S.Karthikeyan Additional Public Prosecutor For Respondent No.2 : No Appearance

O R D E R

This Criminal Original Petition has been filed praying to quash the FIR registered in Crime No.397 of 2019 on the file of the Inspector of Police, Katpadi Police Station, Vellore District, as illegal.

2. Heard Mr.R.Rajadurai, learned counsel appearing for the petitioner and Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the respondent police. https://hcservices.ecourts.gov.in/hcservices/

3. Today when the petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police on instructions would submit that in respect to the petition mentioned Crime Number, for example, Crime No.397 of 2019, the respondent police herein had completed the investigation and filed a Final Report before the learned Judicial Magistrate, Katpadi. He would further submit that the Final Report filed by the respondent police had already been taken on file in C.C.No.40 of 2020 and the same is pending for trial proceedings.

4. Therefore, in view of the said submission, in the absence of any FIR, this Court cannot pass any positive order in favour of the petitioner.

5. With the above observation, this Criminal Original Petition is closed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sri To 1.The State represented by The Inspector of Police, Katpadi Police Station, Vellore District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.27034 of 2019 and Crl.M.P.No.14441 of 2019 SS CO SDR 14/12/2020 https://hcservices.ecourts.gov.in/hcservices/