Mohammed Madheen v. State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Mohammed Madheen ... Petitioner versus State rep. by The Inspector of Police, Thattarmadam Police Station, Tuticorin.

... Respondent Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondent to consider the objection given by the petitioner dated 12.06.2024. For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

The petitioner is the accused in Crime No.39 of 2024 on the file of the respondent Police. According to him, this case has been foisted 1/4

against him and he is having sufficient materials to substantiate that this complaint is a false one. Based on that, he has made his objection by way of a representation dated 12.06.2024 before the respondent. But, the same has not been considered. Therefore, the petitioner has moved this writ petition for a Mandamus directing the respondent to consider his objection, while conducting investigation in Crime No.39 of 2024.

2. The learned Additional Public Prosecutor submits that the investigation in Crime 39 of 2024 was already completed and final report has also been filed before the learned Judicial Magistrate, Sathankulam through e-filing No.LTN20220002602C/202400C/PRC on 21.06.2024.

3. Once the final report is filed, the only remedy available to the petitioner is to file a discharge application under Section 227 Cr.P.C. before the Sessions Court before framing of charges, if so advised. 2/4

4. Accordingly, this writ petition is closed. No costs. 08.07.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Inspector of Police, Thattarmadam Police Station, Tuticorin.

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

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B.PUGALENDHI, J.

ogy 08.07.2024 4/4