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Madras High CourtCRL OP(MD)/12215/2023dismissed

Aalayam v. The Inspector Of Police

2023-07-06Honourable Dr Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN and Crl.M.P.(MD) No.9592 of 2023 1.Aalayam 2.I.Dhivya ... Petitioners Vs.

1.The Inspector of Police, District Crime Branch Police Station, Dindigul.

2.M.Saravanan ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned FIR in Crime No.22 of 2022 on the file of the first respondent dated 12.08.2022 and quash the same. For Petitioner : Mr.A.Chandra Kumar For R1 : Mr.E.Antony Sahaya Prabaar Additional Public Prosecutor 1/4

O RDER This petition is filed seeking quashment of the FIR in Crime No.22 of 2022 pending on the file of the respondent No.1.

2.The learned Additional Public Prosecutor submits that the police have completed the investigation and charge sheet has also been filed before the learned Judicial Magistrate No.II, Dindigul alleging that the accused have committed the offence punishable under Sections 406, 420, 294(b) and 506(i) IPC. It is also submitted that the charge sheet is filed through E-Filing process on 18.04.2023.

3.It is submitted by the learned counsel for the petitioners that though the charge sheet stated to have been filed in the month of April, so far it has not been numbered, thereby the accused is put to lot of inconvenience. 4.Considering the same, Registry is directed to call for report as to how many charge sheets filed by the police are to be numbered on the file of Judicial Magistrate No.II Court, Dindigul. Since the investigation has already been 2/4

completed and that this petition is filed to quash the First Information Report, the purpose, for which this petition has been filed, becomes infructuous, thereby this petition is dismissed as infructuous. However, the petitioners are at liberty to challenge the charge sheet, in case if the petitioners are so advised. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No 06.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No To 1.The Inspector of Police, District Crime Branch Police Station, Dindigul.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.12215 of 2023 06.07.2023 4/4