Madras High CourtCRL OP(MD)/14154/2022dismissed as infructuous

Esakkiappan 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.8837 of 2022 Esakkiappan ... Petitioner Vs.

1.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

(Crime No.94 of 2020) 2.Esakiselvam

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in Crime No.94 of 2020 on the file of the first respondent Police and to quash the same as against the petitioner concerned.

For Petitioner : Mr.C.Sarvanakumar For R-1 : Mr.M.Sakthi Kumar, Government Advocate, (Crl.side) 1/4

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.94 of 2020 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.94 of 2020 for the offences punishable under Sections 294(b), 324 and 506(2) of IPC. 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, through e-filing and the same has not been taken cognizance so far. 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. The learned Judicial 2/4

Magistrate No.I, Tirunelveli, 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 NO.I, Tirunelveli.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

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

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G.ILANGOVAN ,J.

TM 28.11.2023 4/4