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Madras High CourtCRL OP/30319/2022disposed of

S.Mahalakshmi v. State Rep By

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 and Crl.M.P.No.18592 of 2022 S.Mahalakshmi ... Petitioner Vs.

1.State by The Inspector of Police, K1, Sembium Police Station, Chennai.

Crime No.619 of 2022 2.B.Kavitha ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, calling for the records pertaining to the Crime No.619 of 2022 on the file of the Inspector of Police, K1, Sembium Police Station, Chennai and quash the same.

For Petitioner : Mr.B.Kumarasamy For R1 : Mr.R.Muniyapparaj, Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.619 of 2022 , 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.

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 Speaking order / Non-speaking order ssr To 1.The Inspector of Police, K1, Sembium Police Station, Chennai.

2.The Public Prosecutor, Madras High Court, Chennai.

G. JAYACHANDRAN, J.

ssr 18.10.2023