Madras High CourtCRL OP(MD)/15233/2022dismissed as infructuous

Chellammal v. The Inspector Of Police

2023-11-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.10002 of 2022

1. Chellammal

2. Poonkodi

3. Somasundaram ... Petitioners Vs.

1.State rep by Inspector of Police, All Women Police Station, AWPS Melur, Madurai District, Madurai. (Crime No.4 of 2022).

2.M.Dhanalakshmi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the Impugned FIR in Crime No. 4 of 2022 dated 25.01.2022 on the file of the Respondent No.1 and quash the same as illegal as against the petitioners alone.

For Petitioners : Mr.Rajasekar S. For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/4

ORDER

This Criminal Original Petition filed to call for the records pertaining to the Impugned FIR in Crime No. 4 of 2022 dated 25.01.2022 on the file of the Respondent No.1 and quash the same as illegal as against the petitioners alone.

2. Learned Government Advocate submitted that on 25.08.2022, when the matter was taken up for hearing, an interim order was passed by this Court, directing the respondent herein not to file final report till the disposal of this petition. But without taking note of the order, final report was filed on 07.10.2022 and the same was taken cognizance in C.C.No.314 of 2022 by the learned Judicial Magistrate, Melur. Now it is posted for appearance of the accused.

3. Eventhough, there is a violation of the order passed by this Court, considering the fact that cognizance was taken and also the fact that it is a matrimonial dispute between the parties, liberty is granted to the petitioners to work out remedy through appropriate proceedings, if they are aggrieved over the contents of the final report. 2/4

4. With this liberty, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. 29.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Inspector of Police, All Women Police Station, AWPS Melur, Madurai District, Madurai.

(Crime No.4 of 2022).

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

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G.ILANGOVAN ,J.

pnn 29.11.2023 4/4