Kanchana Devi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD) No.5620 of 2021 Kanchana Devi ... Petitioner / Accused No.2 Vs.

1.The State represented by The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

Crime No.3 of 2016 ... Respondent / Complainant 2.Sathya Sheela ... Respondent / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the case in Crime No.3 of 2016 on the file of the Inspector of Police, All Women Police Station, Uthamapalayam, Theni District and quash the same. For Petitioner : Mr.S.Balaji For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This Criminal Original Petition is filed seeking quashment of the FIR in Crime No.3 of 2016 on the file of the respondent police. 2.When the matter is taken up for hearing, the learned Additional Public Prosecutor (Crl.Side) appearing for the 1st respondent submitted that the investigation in the aforesaid case has been completed and during the course of investigation, it is found that the petitioner has not involved in the occurrence and so, her name has been deleted. After that, based upon the protest petition filed by the defacto complainant, further investigation was undertaken and during the course of further investigation, it is found that the involvement of the petitioner is confirmed and the final report was filed on 09.03.2021 before the learned Judicial Magistrate, Uthamapalayam, arraying this petitioner as 2nd accused. 1/3

So far, it has not been taken on file.

3.Since the final report has been filed, nothing survives for further consideration in this petition, since the matter has now become infructuous. Liberty is granted to the petitioner to workout her remedy before the appropriate Court through appropriate proceeding, if she is so aggrieved by the final report. 4.Since the final report has been filed, the learned Judicial Magistrate, Uthamapalayam is directed to process the final report that has been presented by the Investigation Officer as per rules. The compliance report shall be submitted before the Registry thereafter.

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

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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, Uthamapalayam, 2.-do- Through The Chief Judicial Magistrate, Theni District.

3.The Inspector of Police, All Women Police Station, Uthamapalayam, Theni District.

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

Copy to:

1.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

2.The Section Officer,Criminal Section, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.11004 of 2021 10.08.2021 MGJ (23/08/2021) 3P 7C 3/3