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Madras High CourtCRL OP(MD)/179/2022dismissed

Rajendran v. The Sub Inspector Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.179 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.179 of 2022 Rajendran

...Petitioner/Accused No.10

Vs 1.State through the Sub Inspector of Police, Kalakkad Police Station, Crime No.274 of 2015.

...Respondent/Complainant

2.T.R.Kallapiran

...Respondent/

Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to quash the First Information Report in Cr.No.274 of 2015 on the file of the Sub Inspector of Police, Kalakkad Police Station as against the petitioner alone.

For Petitioner : Mr.K.S.Muthu For R1 : Mr.A.Albert James Government Advocate (crl.)

ORDER

This Criminal Original Petition has been filed to quash the impugned FIR.

2. The learned Government Advocate (crl.) submits that final report was filed as early as on 08.08.2019 before the Judicial Magistrate, Nanguneri. It is stated that the Court below is yet to take cognizance of the offence.

3. The jurisdictional Magistrate is directed to take a call in the matter on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. If cognizance is taken, it is open to the petitioner to challenge the final report. All the contentions of the petitioner are left open. I have not gone into the merits of the matter. If the final report is not available before the court below, the respondent police shall file a fresh one forthwith and without any delay.

4. With this liberty to the petitioner and direction to the court below, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.179 of 2022 Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Judicial Magistrate,Nanguneri.

2.The Sub Inspector of Police, Kalakkad Police Station.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.179 of 2022 06.01.2022 MGJ(21.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2