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Madras High CourtCRL OP(MD)/13323/2022dismissed as infructuous

Anthony Selvaraj v. The Deputy Superintendent Of Police

2023-11-28Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.8500 of 2022 1.Anthony Selvaraj 2.Kaaliyammal 3.Mariasoniya 4.Manikandan 5.Muthukumar 6.Sundarapandian ... Petitioners Vs.

1.The Deputy superintendent of Police, Sattur, Virudhunagar District.

2.The Inspector of Police, Vembakkottai Police Station, Virudhunagar District.

(FIR No.176 of 2022) 3.Balamurugan

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records of the FIR in Crime No. 1/5

176 of 2022, dated 24.05.2022 on the file of the second respondent, the Inspector of Police, Vembakkottai Police Station, Virudhunagar District and quash the same.

For Petitioners : Mr.R.Murugappan For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate, (Crl.side)

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.176 of 2022 dated 24.05.2022 on the file of the first respondent Police.

2.The contention of the petitioners is that based on the complaint lodged by the 3rd respondent, the 2nd respondent registered the First Information Report in Crime No.176 of 2022 for the offences punishable under Sections 147, 294(b), 341 of I.P.C. r/w. Section 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989. 3.When the matter is taken up for hearing, the learned Government Advocate (Crl. Side) would submit that after completing the 2/5

investigation final report has been filed before the learned Sessions Judge, PCR Court, Virudhunagar at Srivilliputtur, and the same was taken cognizance in Spl.S.C.No.36 of 2022. Hence, the prayer sought for in this petition has become infructuous.

4.Since the final report has been filed before the concerned Court, the petitioner can workout his remedy through appropriate proceedings, if so aggrieved by the contents of the final report. 5.With the above said liberty, this criminal original petition stands dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

28.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Deputy superintendent of Police, Sattur, Virudhunagar District.

2.The Inspector of Police, Vembakkottai Police Station, Virudhunagar District. 3/5

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

4/5

G.ILANGOVAN ,J.

TM 28.11.2023 5/5