Maharajan@Arun v. The Inspector Of Police

Crl.O.P.(MD)No.2144 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.2144 of 2020 and Crl.M.P.(MD).No.1090 of 2020 Maharajan @ Arun .. Petitioner/Sole Accused Vs.

1.The Inspector of Police, Pathamadai Police Station, Tirunelveli District.

(Crime No.142/2019) .. 1st Respondent/Complainant 2.Pitchaiah .. 2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the case in Crime No.142/2019 on the file of the first respondent herein and quash the same.

For Petitioner : Mr.S.Sathyachidambaram For Respondent No.1: Mrs.S.Bharathi, Government Advocate (Criminal side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.142/2019 on the file of the first respondent police.

2. The learned counsel for the petitioner would submit that the defacto complainant has given a statement stating that he has not given such a complaint before the respondent. That being so, the further proceedings is nothing but abuse of process of law.

3. The learned Government Advocate (Criminal Side) would submit that the final report has been filed on 18.10.2019 against the petitioner for the offences under Sections 294(b), 387 and 506(ii) IPC and it is yet to be numbered.

4. At this juncture, the learned counsel for the petitioner would submit that a direction may be issued to the learned Magistrate concerned to take the final report on file at the earliest and complete the trial.

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Crl.O.P.(MD)No.2144 of 2020

5. In view of the same, a direction is issued to the learned Judicial Magistrate, Cheranmadevi to take the final report, filed in Crime No.142 of 2019 by the first respondent police, on file at the earliest and conclude the trial as expeditiously as possible preferably, within a period of six months from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition stands closed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL To 1.The Judicial Magistrate, Cheranmadevi 2.The Inspector of Police, Pathamadai Police Station, Tirunelveli District.

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

+1 CC to Mr.S.SATHYA CHIDAMBARAM, Advocate ( SR-5444[F] dated 10/02/2020 ) Crl.O.P.(MD) No.2144 of 2020 and Crl.M.P.(MD).No.1090 of 2020 07.02.2020 VB(27.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2