Madras High CourtCRL OP(MD)/6945/2023closed

T.Arockiya Balan v. The Inspector Of Police

2024-06-07Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). Nos.6945, 9324 and Cont P(MD) No.810 of 2024 and Crl.MP(MD) Nos.6016 of 2023 & 7625 of 2023 CRL OP(MD). No.6945 of 2023 1.T.Arockiya Balan 2.Malarvizhi ... Petitioners/Accused Vs.

1.The State of Tamil Nadu, Rep by the Inspector of Police, District Crime Branch, Kanyakumari District.

Crime No.25 of 2022) 2.Mary ... Respondents/Complainant/ Defacto complainant 1/7

CRL OP(MD). No.9324 of 2023:- 1.Ramalingam 2.Rajjam ... Petitioners/Accused Vs.

1.State rep by The Inspector of Police, Tamil University Police Station, Thanjavur, Thanjavur District.

Crime No.837 of 2022 2.Suganthi ... Respondents/Complainant/ Defacto Complainant Cont P(MD). No.810 of 2024 1.Ramalingam 2.Rajjam ... Petitioners Vs.

Mr.Senthil Kumar, The Inspector of Police, Tamil University Police Station, Thanjavur, Thanjavur District.

Crime No.837 of 2022 ... Contemnor/I Respondent 2/7

Common Prayer in both Crl.OPs: Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to quash the First Information Report in Crime Nos.25 of 2022 & 837 of 2022, dated 19.05.2022, 15.12.2022 on the file of the District Crime Branch, Kanyakumari District and Tamil University Police Station, Thanjavur respectively.

Prayer in Cont P(MD) No.810 of 2024. Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying this Court to punish the contemnor/1st respondent for the deliberate and willful disobedience of the order dated 18.05.2023 passed by this Court in Crl.OP(MD) No.9324 of 2023.

For Petitioners in Crl.OP(MD)6945/2023 : Mr.S.Xavier Rajini For Petitioners in Crl.OP(MD) No.9324/2023 : Mr.A.Joel Paul Antony For Petitioner in Cont P(MD) No.810 of 2024 : Mr.AJoel Paul Antony For R1 in both Crl.OPs & : Mr.M.Sakthi Kumar Cont P(MD)810/2024 Government Advocate(Crl.side) For R2 in Crl.OP.(MD) No.6945 of 2023: Mr.S.Pillai Monicantan For R2 in Crl.OP.(MD) No.9324 of 2023: Mr.P.Ganapathi Subramanian 3/7

C O M M O N O R D E R Crl.OP(MD) Nos.6945 and 9324 of 2023 have been filed by the petitioners to quash the First Information Reports in Crime Nos.25 of 2022 & 837 of 2022, dated 19.05.2022 and 15.12.2022 on the file of the District Crime Branch, Kanyakumari District and Tamil University Police Station, Thanjavur respectively. 2.Cont P(MD) No.810 of 2024 has been filed that the order of this Court in Crl.OP(MD) No.9324 of 2023, dated 18.05.2023 has not been complied with.

3.Today(07.06.2024), when the matters are taken up for consideration, the learned counsel appearing for the petitioners by referring the earlier order of this Court, dated 17.04.2023 submits that this Court, while entertaining these Criminal Original Petitions has passed an order to proceed with the investigation and to prepare 4/7

final report. However, the same shall be kept in abeyance in respect of the petitioner in Crl.OP(MD) No.6945 of 2023. However, the final reports have been filed against the direction of this Court. 4.The learned Additional Public Prosecutor appearing for the respondent police submits that the investigating officer, by oversight, without any knowledge about the direction issued by this Court has filed the final reports in Crime Nos.25 of 2022 and 837 of 2022 and the same was taken on file in CC Nos.614 of 2023, 12 of 2024 before the Judicial Magistrate Court No.I, Kanniyakumari and Judicial Magistrate (Additional Mahila Court), Thanjavur on 16.05.2023 and 15.03.2024 respectively.

5.Considering the submission made by the learned Additional Public Prosecutor, these Criminal Original Petitions are closed with liberty to the petitioners to challenge the final reports, if they are having any grounds. In view of the order passed in Criminal 5/7

Original Petitions, Cont P(MD) No.810 of 2024 is closed. Consequently, connected Miscellaneous petitions are also closed. 07.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn TO 1.The Inspector of Police, District Crime Branch, Kanyakumari District.

2.The Inspector of Police, Tamil University Police Station, Thanjavur, Thanjavur District.

3.Mr.Senthil Kumar, The Inspector of Police, Tamil University Police Station, Thanjavur, Thanjavur District.

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

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B.PUGALENDHI,J VRN COMMON ORDER IN CRL OP(MD). Nos.6945, 9324 and Cont P(MD) No.810 of 2024 and Crl.MP(MD) Nos.6016 of 2023 & 7625 of 2023 Date : 06/06/2024 7/7