Madras High CourtCRL OP(MD)/11876/2020disposed of

A.D.Sathyaraj v. The Inspector Of Police

2020-10-28Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.11876 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.11876 of 2020 and Crl.M.P(MD)No.5491 of 2020 A.D.Sathiyaraj ... Petitioner/Sole Accused Vs.

1.State rep.by The Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar.

Crime No.253 of 2019.

... 1st Respondent/Complainant 2.Sudharson ... 2nd 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 First Information Report in Crime No.253 of 2019 on the file of the first respondent and quash the same in respect of the petitioner as illegal.

For Petitioner : Mr.A.Balaji For R1 : Mrs.S.E.Veronica Vincent, Government Advocate (Criminal Side)

O R D E R

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

2.The petitioner wants this Court to quash the impugned First Information Report.

3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the final report was already filed before the jurisdictional Magistrate on 19.10.2020 and that is yet to be taken on file.

4.The learned Jurisdictional Magistrate is directed to take a call in the matter without delay. The rights of the petitioner are left open. I make it clear that I have not gone into the merits of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11876 of 2020 the matter. The criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Records) // True Copy // / /2020 Sub Assistant Registrar(CS) ias 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 Chief Judicial Magistrate, Virudhunagar District at Srivilliputtur.

(with request to communicate this order to the concerned magistrate.) 2.The Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar.

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

Crl.O.P.(MD)No.11876 of 2020 and Crl.M.P(MD)No.5491 of 2020 28.10.2020 PU(CO) TR(05.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2