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Madras High CourtCRL OP(MD)/7809/2021dismissed as infructuous

R. Chellappa v. The Inspector Of Police

2023-10-13Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 13.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.7809 of 2021 and Crl.M.P(MD) No.3986 of 2021 R.Chellapa ... Petitioner/Sole Accused Vs.

1.State Represented by the Inspector of Police, Tirunelveli Town Police Station, Tirunelveli District.

(In Crime No.112 of 2021) ... Respondent/Complainant 2.Shanmugam ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records of FIR in Crime No.112 of 2021 on the file of the Respondent No.1 police station and quash the same as illegal. For Petitioner : Mr.M.Maharaja For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor for R1 : No Appearance for R2

ORDER

This petition has been filed seeking quashment of Crime No.112 of 2021 on the file of the first respondent police.

2. The learned Additional Public Prosecutor appearing for the State on instructions, submitted that on the complaint given by the complainant, investigation was conducted. After completion of investigation, final report was filed before the learned Judicial Magistrate No.II, Tirunelveli, and the same was taken on file in C.C.No.157 of 2022.

3. The learned counsel for the petitioner submitted that even though stay was granted by this Court, the Investigating Agency filed final report before the learned Judicial Magistrate No.II, Tirunelveli. Hence, the petitioner filed another quash petition to quash the said C.C.No.157 of 2022.

4. In view of the submission made by the Additional Public Prosecutor, this Criminal Original Petition stands dismissed as infructuous with liberty to the petitioner to raise all the contentions in the above said quash petition. Consequently, the connected miscellaneous petition is closed.

13.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No dss

To 1.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli District.

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

K.K.RAMAKRISHNAN, J.

dss Crl.O.P.(MD) No.7809 of 2021 and Crl.M.P(MD) No.3986 of 2021 13.10.2023