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Madras High CourtCRL OP(MD)/14560/2021dismissed as infructuous

S.Perumal v. The Inspector Of Police

2021-09-29Honourable Mr Justice G.Ilangovan2 pages

CRL OP (MD) No. 14560 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN CRL OP (MD) No.14560 of 2021 and CRL MP(MD) No.7687 of 2021

1. S.Perumal

2. P.Kumaresan

3. M.Murugesan @ Murugappa ... Petitioners -Vs1. The Inspector of Police, Kurangani Police Station, Theni District.

2. The Superintendent of Police, Theni.

... Respondents PRAYER: The Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records from the 1st respondent police in Crime No.77 of 2020 and quash the same as it has no prima facie case against the petitioners. For Petitioners : Mr.H.Velavadhas For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed seeking quashment of the First Information Report in Crime No.77 of 2020, on the file of the first respondent police.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents would submit that the investigation has been completed and the final report has also been filed before the Judicial Magistrate, Bodiyanaickanur, on 05.02.2021 itself, but, it has not been taken on file so far.

3. Since the final report has been filed, the order of quashment of F.I.R does not arise. However, liberty is granted to the petitioners to challenge the final report, if they are still aggrieved by the final report. Since the final report has not been taken on file, there shall be a direction to the Judicial Magistrate, Bodiyanaickanur, to process the final report, which has been presented by the first respondent herein as per Rules. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP (MD) No. 14560 of 2021

4. With the above directions, this Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1. The Judicial Magistrate, Bodiyanaickanur.

2. The Inspector of Police, Kurangani Police Station, Theni District.

3. The Superintendent of Police, Theni.

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

CRL OP (MD) No.14560 of 2021 and CRL MP(MD) No. 7687 of 2021 29.09.2021 RK (21/10/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2