Karuppasamy v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2022

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN and Crl.M.P.No.18306 of 2022

1. Karuppasamy

2. Yagaraj ... Petitioners Vs.

1. The State represented by The Sub Inspector of Police, Uthukuli Police Station, Tiruppur District.

2. Karthikeyan ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to call for records in Crime No.471 of 2019 dated 05.10.2019 on the file of the respondent and quash the same.

For Petitioners : Mr. T. Padmanabhan For Respondent : Mr.S.Santhosh Government Advocate (Criminal side) 1/4

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No.471 of 2019 on the file of the 1st respondent police.

2. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the First Information Report in this case was registered on 05.10.2019 and till now final report has not been filed. The issue with regard to the FIR in Crime No.471 of 2019 is that the petitioner has allegedly transported ordinary stones in his vehicle without any valid permission. Therefore, he prays for quashment of the proceedings.

3. In response, the learned Government Advocate (Crl. Side) submitted that the investigation is over and final report is also filed before the learned Judicial Magistrate, Tiruppur. However, the case has not been taken cognizance by the learned Judicial Magistrate.

4. In view of the above submission that final report is filed, this Court is of the view that, merely because there is a delay in filing the final report, the First Information Report cannot be quashed.

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5. Accordingly, this Criminal Original petition is dismissed. Consequently, connected miscellaneous petition is closed.

05.12.2022 Sma Index:Yes/No Speaking/Non speaking order To

1. The Sub Inspector of Police, Uthukuli Police Station, Tiruppur District.

2. The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN.J., Sma and Crl.M.P.No.18306 of 2022 05.12.2022 4/4