Madras High CourtCRL OP(MD)/1607/2022disposed of

Senthil v. The Inspector Of Police

2022-01-28Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1607 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1607 of 2022 and Crl.M.P(MD)No.1153 of 2022 Senthil ... Petitioner/Accused No.3 Vs.

1.The State represented by The Inspector of Police, Aravayal Police Station, Sivagangai District.

(Crime No.167 of 2020) ... 1st Respondent/Complainant 2.Santhanam ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in Crime No.167 of 2020, dated 19.06.2020, on the file of the 1st respondent herein and quash the FIR as far as the petitioner/accused No.3 is concerned. For Petitioner : Mr.L.Prabhu For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) for R.1

ORDER

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

2. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) submitted that the final report was filed on 03.02.2021 before Judicial Magistrate, Devakottai.

3. The learned Judicial Magistrate, Devakottai, 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 copy of this order. The first respondent is directed to verify if the final report is available before the Court below and if it is not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1607 of 2022 available, a fresh copy will be filed. If the Court below takes cognizance of the matter, it is open to the petitioner herein to move this Court again, challenging the final report. I have not gone into the merits of the matter.

4. With this liberty to the petitioner, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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, Devakottai.

2.The Inspector of Police, Aravayal Police Station, Sivagangai District.

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

Crl.O.P(MD)No.1607 of 2022 and Crl.M.P(MD)No.1153 of 2022 28.01.2022 RK(15/02/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2