Madras High CourtCRL OP(MD)/14062/2022dismissed as infructuous

Sibin @ Bright Singh v. The Inspector 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.9036 of 2022 1.Sibin @ Bright Singh 2.Jaya Singh Moses 3.Prakash Singh ... Petitioners Vs.

1.The Inspector of Police, Thiruvattaru Police Station, Kanyakumari District.

(Crime No.86 of 2021) 2.George Bernandus

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the proceedings in Crime No.86 of 2021 on the file of the first respondent Police Station and quash the same as it has no prima facie case as against the petitioners.

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For Petitioners : Mr.G.Radhakrishnan For R-1 : Mr.M.Sakthi Kumar, Government Advocate, (Crl.side)

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.86 of 2021 dated 05.03.2021 on the file of the first respondent Police.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.86 of 2021 for the offences punishable under Sections 147, 341, 294(b), 323, 427 and 506(2) of I.P.C. 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, Padmanabhapuram, through e-filing and the same has not been taken cognizance so far. Hence, the prayer sought for in this petition has 2/5

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. The learned Judicial Magistrate, Padmanabhapuram, shall process the above said final report within the time stipulated as per Rules.

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 Judicial Magistrate, Padmanabhapuram.

2.The Inspector of Police, Thiruvattaru Police Station, Kanyakumari District.

(Crime No.86 of 2021) 3/5

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

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G.ILANGOVAN ,J.

TM 28.11.2023 5/5