Madras High CourtCRL OP(MD)/3678/2022dismissed as infructuous

Jegatheesan v. The Inspector Of Police

2022-02-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3678 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.3678 of 2022 and Crl.M.P(MD)No.2697 of 2022 Jegatheesan ... Petitioner/ Accused No.2 Vs.

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

(Crime No.685 of 2019) ... 1st Respondent/Complainant

2. C.Elango ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the case in Crime No. 685 of 2019 on the file of the first respondent police station and quash the same.

For Petitioner : Mr.R.Paranjothi For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side) for R.1

ORDER

This Criminal Original Petition has been filed to quash the FIR as against the petitioner/Accused No.2, in Crime No. 685 of 2019 on the file of the first respondent for the alleged offences under Sections 294(b), 506(1) and 109 IPC.

2. The first respondent completed the investigation and filed the final report before Judicial Magistrate No.1, Theni, on 07.01.2021. However, the same was returned for certain reasons that the petitioner was not arrested. However, it is seen that the first respondent completed the investigation and filed absconding charge sheet against the petitioner. The learned jurisdictional Magistrate can very well receive the final report and pass orders on merits and in accordance with law against the petitioner herein. Therefore, the prayer sought for, in this Criminal Original Petition becomes https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3678 of 2022 infructuous. This Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // 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 Inspector of Police, Theni Police Station, Theni, Theni District.

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

+1 CC to M/s.S.ALAGU SUNDAR, Advocate ( SR-9544[F] dated 02/03/2022 ) Crl.O.P(MD)No.3678 of 2022 01.03.2022 SB(CO) KB(21.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2