Madras High CourtCRL OP(MD)/11248/2018disposed of

M.A.Jesuraj v. The Sub Inspector Of Police

2018-07-11Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2018

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.11248 of 2018 and Crl.M.P.(MD)No.5105 of 2018 M.A.Jesuraj ... Petitioner Vs.

1.State Represented by The Sub-Inspector of Police, Anjugramam Police Station, Kanyakumari District.

2.Misa.C.Soman

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the impugned FIR in Crime No.41 of 2018 dated 12.02.2018 on the file of the first respondent against the petitioner and to quash the same as illegal. For Petitioner : Mr.N.Satheesh Kumar For R1 : Mr.Prabhu Ramachandran, Government Advocate (Crl.Side)

ORDER

According to the petitioner, the first respondent has registered a case against the petitioner in Crime No.41 of 2018 for the offence under Section 153 A IPC, based on the complaint given by the second respondent. Subsequently, the said case has been altered on 30.02.2018 under Section 505(2) IPC from 153 A IPC. Challenging the aforesaid alteration report as well as the First Information Report, the petitioner is before this Court.

2.The petitioner has raised various grounds in quashing the proceedings. Now, the proceedings is pending for investigation before the first respondent. Therefore, at this stage, this Court cannot stall the investigation proceedings. Hence, in the interest of justice, this Court is inclined to direct the first respondent to complete the investigation, within a period of four weeks from the date of receipt of a copy of this order. However, it is needless to say that the aforesaid investigation is to be fairly conducted by the first respondent.

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3.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar(CS III) To 1.The Sub-Inspector of Police, Anjugramam Police Station, Kanyakumari District.

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

1CC TO MR. N.SATHEESH KUMAR, ADVOATE SR 72477 Crl.O.P.(MD)No.11248 of 2018 11.07.2018 myr JM/SKN RSK/SAR 3/09.08.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/