Prabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. Prabhu

2. Aandisamy ... Petitioners / Accused 2 & 3 Vs.

1. The State, Rep by the Inspector of Police, Devathanapatti Police Station, Theni District.

(Crime No. 43 of 2022) ... 1st Respondent / Complainant

2. Kannan ... 2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR in Crime No. 43 of 2022 on the file of the 1st respondent police and to quash the same. For Petitioners :

M/s.Balasubramanian.P For R-1 :

M/s.S.Ravi, Additional Public Prosecutor (Crl. Side) 1/4

For R-2 :

M/s.S.Nihar Ali

ORDER

This criminal original petition has been filed to quash the FIR in Crime No.43 of 2022 pending investigation on the file of the first respondent police.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor (Criminal Side), on instructions, submitted that the investigation was completed and police report was filed before the Judicial Magistrate, Periyakulam and the same has been taken on file in C.C. No. 129 of 2024. He further submitted that the matter is posted on 26.11.2024 for questioning of the accused persons.

3. In the light of the above development, there is no scope to interfere with the FIR at this stage. If the petitioners are aggrieved by the proceedings pending before the Court below, it is left open to them to work out their remedy in the manner known to law, if so advised. 2/4

4. Accordingly, this Criminal Original Petition is disposed of with the aforesaid terms.

05.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No pal To

1. The Inspector of Police, Devathanapatti Police Station, Theni District.

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

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N.ANAND VENKATESH,J.

pal Order made in 05.11.2024 4/4