Madras High CourtCRL OP(MD)/18430/2021disposed of

Kaninathan v. The Inpsector Of Police

2021-11-24Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.18430 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18430 of 2021 and CRL.M.P.(MD)No.10153 of 2021

1. Kaninathan

2. Thamilselvi

3. Manimegalai

4. Rajaram ... Petitioners / Accused 1 to 4

5. Sankersawari

6. Sakunthala

7. Maraslingam

8. Mohan ... Petitioners / Accused 5 to 8 Vs.

1. The Inspector of Police, Parthibanoor police station, Ramanathapuram District.

2. Panju ... Respondents / Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records of the First Information Report in Crime No.296 of 2020 dated 12.08.2020 on the file of the respondent police.

For Petitioner : Ms.J.Maria Roseline For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.296 of 2020 registered on the file of the Parthibanoor police station.

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that final report has been filed as early as on 08.01.2021 on the file of the Judicial Magistrate, Paramakudi. However, the final report is yet to be taken on file by the jurisdictional Court. It is submitted that the final report was filed only against accused Nos.1 to 4. https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.18430 OF 2021 Accused Nos.5 to 8 have been deleted from the final report.

4. The learned Judicial Magistrate, Paramakudi, is directed to take a call in the matter within a period of four weeks from the date of receipt of a copy of this order. It is open to petitioners 1 to 4 herein to file a fresh criminal original petition, if the jurisdictional Magistrate takes cognizance of the offences against them.

5. With this liberty to petitioners 1 to 4 herein, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, Paramakudi.

2. The Inspector of Police, Parthibanoor police station, Ramanathapuram District.

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

Crl.O.P.(MD)No.18430 of 2021 24.11.2021 SJ(CO) SB(03.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2