Shabarinathan v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:25.10.2024 Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.14900 of 2024 Shabarinathan .. Petitioner/Accused No.1 /versus/ 1.State rep.by The Inspector of Police, Mudaliarpet Police Station, Puducherry.(Cr.No.0046/2024) 2.Jothi ..Respondents/Complainant Criminal Original Petition has been filed under Section 528 of BNSS to call for the entire records connected with the FIR in Crime No.0046 of 2024 on the file of the 1st respondent police herein and quash the same.
For Petitioner :Mr.P.Manivannan For Respondent :MrM.V.Ramachandramurthy App(P) Asst.by Mr.A.Alexander, GA 1/4
ORDER
This Criminal original Petition is filed to quash Crime No.46 of 2024 on the file of the respondent police for the alleged offence under Sections 380 of IPC and 34 of IPC.
2. The learned counsel appearing for the petitioner submitted that the complaint on the face of it is a false and imaginary one conceived by the complainant after one week of alleged missing of the article. However, the prima facie material alleging theft requires investigation and cannot be quashed at the FIR stage without knowing the evidence collected during the investigation.
3. The learned Government Advocate (Crl.Side) submitted that investigation almost completed and final report is likely to be filed within a period of 15 days.
4. In view of the above circumstances, without adverting to the averments made in the petition to quash the First Information Report , 2/4
this Court dismiss the petition with liberty to the petitioner herein to challenge the final report if he so advised.
5. In the result, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. 25.10.2024 Index:yes/no Internet:yes/no Speaking order/non speaking order ari To 1.The Inspector of Police, Mudaliarpet Police Station, Puducherry.
2.The Public Prosecutor, High Court, Pondicherry.
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Dr.G.JAYACHANDRAN,J.
ari and Crl.M.P.No.14900 of 2024 25.10.2024 4/4