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Madras High CourtCRL OP/28811/2022disposed of

G.Devaraj v. The Inspector Of Police

2023-10-18Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM

DATED :18.10.2023 THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN G.Devaraj .. Petitioner/Accused /versus/ 1.State rep.by The Inspector of Police, P-3, Vyasarpadi Police Station, Chennai.

.. Respondent/Complainant 2.Mr.Dharmalingam Whose father name not known Spl.Sub Inspector of Police, P3 Vyasarpadi Police Station, Chennai.

(Crime No.1025 of 2014) .. Respondent/Defacto Complainant Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in connection with the case in Crime No.1025 of 2014 on the file of the first respondent and quash the same. 1/4

For Petitioner :Mr.M.Baskar For Respondents :Mr.S.Rajakumar Additional Public Prosecutor for R1

O R D E R

This Criminal Original Petition has been filed to call for the records in connection with the case in Crime No.1025 of 2014 on the file of the first respondent and quash the same.

2.

First Information Report registered in Crime No.1025 of 2011 on 13.06.2014 alleging that the petitioner conspired to forge the educational certificate and mark-sheet for aspirants to go abroad. Fake visiting cards and educational certificates were seized. This petition to quash is filed on the ground that sofar investigation conducted is not in a proper manner even after completion of 8 years. The delay in completing the investigation though may be reason for hardship, it cannot be a ground to quash the First Information Report, since the nature of the offence appears to be very grave. 2/4

3.

The learned Additional Public Prosecutor (Crl.Side) submitted that the investigation is not yet completed. The reason stated in the First Information Report does not fall under the parameter laid down by the Hon'ble Supreme Court in M/s Neeharika Infrastructure Private Limited v. State of Maharashtra and others reported in [AIR 2021 SCC 1918]. 4.

In view of the above, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. 18.10.2023 Index:yes/no Speaking order/non speaking order sms To:

1.The Inspector of Police,P-3, Vyasarpadi Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN, J.

sms 18.10.2023 4/4