Madras High CourtCRL OP(MD)/7948/2019dismissed

S. Thangavel, S/O.Sundara v. The Sub Inspector Of Police,

2019-06-11Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.7948 of 2019 1.S.Thangavel 2.Vellaiammal 3.Indhumathi : Petitioners Vs.

1.State represented by The Sub-Inspector of Police, Nagaiyapuram Police Station, Thirumangalam Taluk, Madurai District.

2.R.Sivakumar : Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code to call for the entire records pertaining to the FIR in Crime No.43 of 2018, on the file of the Sub-Inspector of Police, Nagaiyapuram Police Station, Madurai District and quash the same. For Petitioners : Mr.A.Selvam For R-1 : Mr.K.K.Ramakrishnan Additional Public Prosecutor ******

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.43 of 2018, on the file of the Sub-Inspector of Police, Nagaiyapuram Police Station, Madurai District. 2.The learned counsel appearing for the petitioners would submit that due to civil dispute pending between the petitioners and the de facto complainant, the present case has been foisted as counter blast. He would further contend with a malafide intention the entire proceedings have been initiated against the petitioners herein.

3.Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the first respondent, on instructions, would submit that it is a case and counter and the investigation is in process and the first respondent Police may be permitted to file final report, within a period of six months before the concerned Jurisdictional Court.

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4.Since this case is a case in counter and the investigation is in progress, at this stage, the First Information Report cannot be quashed. Hence, the Criminal Original Petition stands dismissed. However, the first respondent is directed to complete the investigation and file a final report within a period of six months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (CS-I) / True Copy / Sub Assistant Registrar(CS- ) tsg To

1. The Sub-Inspector of Police, Nagaiyapuram Police Station, Thirumangalam Taluk, Madurai District.

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

+1 CC to M/s.A.SELVAM, Advocate ( SR-67803[F] dated 11/06/2019 ) Order made in CRL.O.P.(MD).No.7948 of 2019 Dated: 11.06.2019 ES/25.06.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/