Madras High CourtCRL OP(MD)/4479/2019disposed of

S. Venkatesh v. The Inspector Of Police

2019-03-26Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4479 of 2019 and Crl.M.P.(MD)No.2755 of 2019 S.Venkatesh : Petitioner/A1 Vs.

1.State represented by The Inspector of Police, All Women Police Station, Valliyur, Tirunelveli. :1st Respondent/Complainant 2.Kavitha : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the First Information Report in Crime No.1 of 2018 on the file of the Inspector of Police, AWPS, Valliyur, Tirunelveli District as against the petitioner concerned.

For Petitioner : Mr.Raja Karthikeyan For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)

ORDER

The present petition has been filed to call for the records and quash the First Information Report in Crime No.1 of 2018 on the file of the Inspector of Police, AWPS, Valliyur, Tirunelveli District as against the petitioner concerned.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the first respondent.

3. The learned Government Advocate (Crl.side) submitted that the investigation in the above said case has been completed and the charge sheet has also been laid on 02.01.2019 and it is yet to be taken on file.

4. Inasmuch as the charge sheet has been laid, nothing survives for the present in this petition. Accordingly, this criminal original petition is dismissed. However, the petitioner will be at liberty to challenge the final report, if there are grounds available to him. Since the matter is arisen out of a spousal https://hcservices.ecourts.gov.in/hcservices/

differences, the Magistrate may also try to see if the parties may dissolve their differences before proceeding with the trial of the case through any mediated efforts. The learned Chief Judicial Magistrate, Tirunelveli, is now directed to ascertain as to why the final report laid on 02.01.2019, is not yet taken on file. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS ) rmi/ta To 1.The Chief Judicial Magistrate, Tirunelveli. 2.The Judicial Magistrate, Valliyur.

3.The Inspector of Police, All Women Police Station, Valliyur, Tirunelveli. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.RAJA KARTHIKEYAN , Advocate SR.No. 56909. Crl.O.P.[MD]No.4479 of 2019 and Crl.M.P.(MD)No.2755 of 2019 26.03.2019 DS/ /SAR- (30.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/