Madras High CourtCRL OP(MD)/1618/2018disposed of

Xavier Ignatious @ Savier v. The Inspector Of Police

2019-09-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.1618 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.1618 of 2018 and Crl.M.P(MD) No.697 of 2018

1. Xavier Ignatious @ Savier Iknocies

2. Batric Ignesious @ Batric Iknocious

3. Xavier Retin @ Savier Rethin ... Petitioners/ Accused 1 to 3 Vs

1. The Inspector of Police Puthukadai Police Station Puthukadai Kanyakumari District ..1st Respondent/Complainant

2. Kamaraj ...2nd Respondent/Defacto Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to Call for the records pertaining to the FIR in Crime No.174 of 2017 pending on the file of the first respondent herein and quash the same.

For Petitioner : Mr.C.Jeganathan for Veera Associates For Respondent : Mr.K.Suyambulinga Bharathi No.1 Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.174 of 2017 pending on the file of the first respondent

2. Today, when the matter is taken up for hearing the learned Government Advocate(Crl.Side) would submit that the counter complaint was registered in Crime No. 173 of 2017 in which the first respondent has completed investigation and filed final report and the same was taken cognizance in C.C. No.89 of 2018 on the file of the learned Judicial Magistrate, Kulithurai and in respect of Crime No. 174 of 2017 also the first respondent police has completed the investigation and they are about to file the charge sheet before the concerned jurisdictional Court and hence the FIR cannot be quashed at his stage.

3. Hence the Criminal Original Petition is dismissed, however https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1618 of 2018 the first respondent police is directed to file final report before the concerned jurisdictional court within a period of two weeks from the date of receipt of a copy of this order. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) aav To

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

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-85724[F] dated 06/09/2019 ) Crl.O.P.(MD)No.1618 of 2018 and Crl.M.P(MD) No.697 of 2018 05.09.2019 KM/(24.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2