Madras High CourtCRL OP(MD)/13325/2022dismissed as infructuous

T.Karuna Samuel v. The Inspector Of Police

2023-11-28Honourable Mr Justice G.Ilangovan4 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.8499 of 2022 T.Karuna Samuel ... Petitioner Vs.

1.The State Represented by the Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

(Crime No.398 of 2022) 2.Kavitha Manohari

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the case in Crime No.398 of 2022 pending on the file of the Inspector of Police, Palayamkottai Police Station, Tirunelveli City and quash the same as against the petitioner.

For Petitioner : Mr.R.Anand For R-1 : Mr.M.Sakthi Kumar, Government Advocate, (Crl.side) For R-2 : Mr.K.Jeyamohan 1/4

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.398 of 2022 on the file of the first respondent Police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.139 of 2022 for the offences punishable under Sections 294(b) and 323 of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 3.When the matter is taken up for hearing, the learned Government Advocate (Crl. side) would submit that after completing the investigation final report has been filed before the learned Judicial Magistrate No.I, Tirunelveli, and the same was taken cognizance in C.C.No.901 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. 2/4

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 Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

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

3/4

G.ILANGOVAN ,J.

TM 28.11.2023 4/4