Madras High CourtCRL OP(MD)/10823/2020dismissed

Muthaiah v. The Sub Inspector Of Police

2020-10-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.10823 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.10823 of 2020 and Crl.M.P.(MD)No.4922 of 2020 1.Muthaiah 2.Jothibasu 3.Ponnusamy 4.Sangaiya 5.Sonai 6.Kochadai ... Petitioners / A1 to A6 Vs 1.State through The Sub Inspector of Police, Mallanginar Police Station, Virudhunagar District.

(Crime No.77 of 2019) ... 1st Respondent/ Complainant 2.Muthuvel ... 2nd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records relating to the proceedings in FIR in Crime No.77 of 2019 on the file of the 1st respondent police and quash the same against the petitioners.

For Petitioners : Mr.G.Marriappan For R1 : Ms.S.E.Veronica Vincent, Government Advocate (Crl. Side).

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the first respondent.

2.This criminal original petition has been filed for quashing the impugned First Information Report.

3.When the matter was taken up for hearing, it was submitted by the learned Government Advocate (Crl. Side) that investigation https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.10823 of 2020 has already been completed and final report was filed on 08.07.2019. Therefore, the question of quashing the FIR does not arise. However, I fail to understand as to why no decision has been taken as regards the acceptance or rejection of the final report. The learned Judicial Magistrate No.I, Virudhunagar, is directed to take a call in the matter immediately and without any delay. It is open to the petitioners herein to move this Court again if so advised and if necessary. The Registry is directed to mark a copy of this order to the learned Judicial Magistrate No.I, Virudhunagar. 4.The criminal original petition is dismissed with the aforesaid liberty and direction. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Judicial Magistrate No.1, Virudhunagar, Virudhunagar District.

2.The Sub Inspector of Police, Mallanginar Police Station, Virudhunagar District.

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

Crl.O.P(MD)No.10823 of 2020 07.10.2020 ias SDS (21.10.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2