Madras High CourtCRL OP/5224/2023disposed of

S.V.Dhanasekar v. The State Rep By Its,

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.5224 of 2023 and Crl.M.P.No.3290 of 2023 S.V.Dhanasekar ... Petitioner Vs.

1.State Rep. by: The Inspector of Police, N-1, Royapuram Police Station, Chennai District.

(Crime No.801 of 2020) 2.Vinothini ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the FIR in Crime No.801 of 2020 dated 23.05.2020 (in consequence of alleged occurrence dated 21.05.2020) pending investigation on the file of the first respondent police and Quash the same registered against the petitioner for an alleged offence under section 451 and 323 IPC.

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For Petitioners : Mr.R.Y.George Williams For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor for R1 Mr.M.L.Rajesh for R2

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.801 of 2020, pending on the file of the 1st respondent. 2.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the investigation is completed and final report is likely to be filed soon. From the investigation, there are materials available to proceed with the prosecution. The reason stated to quash the First Information Report is not covered under the parameters of the Hon'ble Supreme Court judgment in M/s.Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and others reported in AIR 2021 SCC 1918; AIR Online 2021 SC 192.

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3.In view of the above, the respondent police is directed to file the final report within a period of seventy five days from the date of receipt of a copy of this order.

4.Accordingly, this Criminal Original Petition is disposed of. If aggrieved by the final report to be filed, liberty is given to the petitioner to challenge the final report in the manner known to law. Consequently, connected miscellaneous petition is closed.

18.10.2023 Index : Yes/No ssr To 1.The Inspector of Police, N-1, Royapuram Police Station, Chennai District.

2. The Public Prosecutor, High Court of Madras, Chennai - 600 104.

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Dr.G.JAYACHANDRAN,J.

ssr Crl.O.P.No.5224 of 2023 and Crl.M.P.No.3290 of 2023 18.10.2023 4 / 4