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Madras High CourtCRL OP(MD)/7903/2023dismissed as infructuous

Rishikesh @ Rishi v. The Inspector Of Police

2024-10-24Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.(MD)No.6909 of 2023 Rishikesh @ Rishi ... Petitioner/A7 vs.

1.State Represented by The Inspector of Police, Thallakulam Police Station, Madurai City (Crime No.1674 of 2017) ... 1st Respondent/Complainant 2.Nethaji ... 2nd Respondent/Defacto - ` Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records relating to the First Information Report in Crime No.1674 of 2017, dated 01.09.2017, pending on the file of the 1st respondent police and quash the same as illegal as against the petitioner. For Petitioner : Mr.R.Senthilkumar For R1 : Ms.M.Aasha Government Advocate (Criminal Side) 1/4

ORDER

The present Criminal Original Petition has been filed to quash the First Information Report in Crime No.1674 of 2017, dated 01.09.2017, pending on the file of the 1st respondent police.

2. The prayer made in this petition is only to quash the First Information Report in Crime No.1674 of 2017 as against the petitioner herein. It is now stated by the learned Government Advocate (Criminal Side) appearing for the 1st respondent police that pending the proceedings, the investigation has been completed, and the charge sheet has also been filed and the same has been taken on file as C.C.No.1737 of 2024 by the Judicial Magistrate No.II, Madurai.

3. The learned counsel for the petitioner submits that the cognizance itself is barred on account of the limitation.

4. It may be so, but now it is for the petitioner to challenge the said final report by raising all the grounds. Therefore, liberty is granted to the petitioner to raise all the grounds which are raised in the present petition, and to challenge the said final report.

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5. With the above observation, this Criminal Original Petition is dismissed as having become infructuous. Consequently, the connected Criminal Miscellaneous Petition is closed.

24.10.2024 NCC : Yes / No mkn To 1.The Judicial Magistrate No.II, Madurai 2.The Inspector of Police, Thallakulam Police Station, Madurai City 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 3/4

D.BHARATHA CHAKRAVARTHY, J.

mkn and Crl.M.P.(MD)No.6909 of 2023 24.10.2024 4/4