Madras High CourtCRL OP(MD)/12273/2021disposed of

Subiya v. The Inspector Of Police

2021-10-08Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.12273 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12273 of 2021 and Crl.M.P.(MD).No.6298 of 2021 Subiya ... Petitioner/Accused No.4 W/o.Ruban Santhakumar Vs.

1.The State through The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

(In Crime No.16 of 2020) ...1st Respondent/Complainant 2.Ithayavani ...2nd Respondent/De facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records of the FIR in Cr.No.16 of 2020 on the file of the first respondent and quash the same as illegal in respect of the petitioner.

For Petitioner : Mr.J.Selvam For Respondent No.1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This petition has been filed seeking quashment of FIR in Cr.No.16 of 2020 on the file of the first respondent. 2.On 03.09.2021, when the matter was taken up for hearing, a submission was made by the learned counsel for the petitioner that on the date of alleged occurrence, the petitioner was residing in Saint Lucia and not in India. The learned Additional Public Prosecutor was required to verify the genuineness of the document that has been produced by the petitioner.

3.Today, the learned Additional Public Prosecutor submitted that the final report has been filed before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12273 of 2021 Magistrate No.I, Usilampatti on 07.10.2021.

4.Let the learned Judicial Magistrate No.I, Usilampatti, process the same. After processing the final report, the learned Judicial Magistrate, shall submit the compliance report to the Registry.

5.The petitioner is at liberty to challenge the above said final report, if he aggrieved, through proper proceedings. Since the final report has been filed, it may not be proper to entertain this petitioner.

6.With the above said liberty, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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.I, Usilampatti, 2.The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

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

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

Crl.O.P.(MD)No.12273 of 2021 08.10.2021 RK/UV (09/11/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2