Madras High CourtCRL OP(MD)/13574/2020disposed of

P.Arjunan v. The Inspector Of Police

2023-08-25Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE P.DHANABAL and Crl.M.P(MD) Nos.6223 of 2020 and 2653 of 2021 P.Arjunan ... Petitioner Vs.

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

2. Nagarajan ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the impugned First Information Report registered in Crime No.700 of 2010 dated 05.06.2010 on the file of the first respondent and quash the same. For Petitioner : Mr.V.Balaji For R.1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R.2 : No appearance

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.700 of 2010 dated 05.06.2010 on the file of the first respondent police. 1/4

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the first respondent represented that already final report has been filed before the concerned Court and as per the final report prima facie materials available as against the accused to proceed with the case further,thereby the petition is liable to be dismissed.

3. The learned counsel appearing for the petitioner contended that liberty may be given to the petitioner to challenge the final report.

4. Considering the fact that already final report was filed and no records available before this Court with regard to the final report filed by the police and also the submission made by the learned counsel appearing on either side, it is not proper to pass further orders in this petition. However the petitioner is at liberty to file a fresh petition to challenge the final report.

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5. With the above observation and direction, this Criminal Original Petition is disposed of. Consequently connected miscellaneous petitions are closed.

25.08.2023 Index : Yes / No Internet : Yes / No aav To

1. The Inspector of Police Kottar Police Station, Kanyakumari District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL, J.

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