Madras High CourtCRL OP(MD)/7554/2017dismissed

J.Martin v. The Sub Inspecor Of Police

2017-06-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.7554 of 2017 & Crl.M.P.(MD).No.5174 of 2017 J.Martin : Petitioner/Accused Rank not known -Vs1.State rep by The Sub Inspector of Police, Teppakulam Police Station, Teppakulam, Madurai District.

: 1st Respondent/Complainant (Crime No.1417 of 2016) 2.Jothi : 2nd Respondent/Defacto complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to call for the records pertaining to the FIR in Crime No.1417 of 2016 on the file of the 1st Respondent and quash the same against the petitioner as illegal.

For Petitioners : Mr.R.Babu Jaganath For Respondents : Mr.K.Anbarasan Government Advocate(Crl.Side) for R.1

O R D E R

Admittedly, the name of the petitioner does not find place in the First Information Report. However, the learned counsel for the petitioner submitted that the petitioner was granted anticipatory bail in Crime No.1417 of 2016 and he is likely to be made as an accused in the final report and therefore, the First Information Report should be quashed.

2. In the considered opinion of this Court, it is preposterous for this Court to decide at this juncture that just because the petitioner was granted anticipatory bail, he would be arrayed as an accused in the final report. In such circumstances, the prayer to quash the first information report is misconceived and hence this petition is dismissed with liberty to the petitioner to work out the remedy in the manner known to law. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Sub Inspector of Police, Teppakulam Police Station, Teppakulam, Madurai District.

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

+1cc to Mr.R.Babu Jaganath Advocate in SR. No.61353 JIKR JS/SKN.RSK/SAR.2/29.06.2017/2P-4C CRL.O.P.(MD) No.7554 of 2017 20.06.2017 https://hcservices.ecourts.gov.in/hcservices/