Madras High CourtCRL OP(MD)/10041/2019dismissed

A.Bama @ Sathyabama v. The Inspector Of Police

2019-10-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P.(MD).No.10041 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.(MD).No.10041 of 2019 and CRL.M.P(MD)No.6302 of 2019 1.A.Bama @ Sathyabama 2.M.Anto : Petitioners 1 & 2/Accused 1 & 2 Vs.

1.The State represented by The Inspector of Police, Arumanai Police Station, Kanyakumari District.

(Crime No.59 of 2019) : 1st Respondent/Complainant 2.S.Sivakumar : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.59 of 2019 and to quash the same as illegal on the file of the first respondent police. For Petitioners : Mr.S.Saji Bino For R1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) For R2 : Mr.H.Thayumanaswamy

ORDER

This petition has been filed to quash the FIR in Crime No.59 of 2019 on the file of the first respondent police.

2. The learned Government Advocate (Criminal Side) submitted that FIR in Crime No.59 of 2019, on the file of the first respondent police has been enquired and the same was closed as 'Further Action Dropped'.

3. The learned counsel appearing for the petitioners submitted that without conducting proper enquiry, the respondent police closed the FIR and also the closure report has not been served to the petitioners.

4. Considering the above facts and circumstances, the respondent police is directed to serve the copy of the closure report to the petitioners. The petitioners are at liberty to file a protest petition before the concerned jurisdictional Magistrate. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.10041 of 2019

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Ad-II) // True Copy // Sub Assistant Registrar(CS ) das To 1.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

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

+1 CC to M/s.S.SAJI BINO, Advocate SR-91283. +1 CC to M/s.H.THAYUMANASWAMY, Advocate SR-91500. CRL.O.P.(MD).No.10041 of 2019 and CRL.M.P(MD)No.6302 of 2019 03.10.2019 CS(21.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2