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Madras High CourtCRL OP(MD)/16194/2022allowed

Dhanalakshmi v. The Inspector Of Police

2022-10-11Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.16194 of 2022 and Crl.M.P.(MD) No.10731 of 2022 Dhanalakshmi

...Petitioner

vs 1.The Inspector of Police, Guziliamparai Police Station, Dindigul District.

Crime No.734 of 2021 2.Karupudurai

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in connection with the impugned FIR in Crime No.734 of 2021 dated 03.12.2021 pending on the file of the first Respondent police and quash the same.

For Petitioner : Mr.S.Sarvagan Prabhu For R1 : Mr.B.Nambi Selvan Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.734 of 2021 dated 03.12.2021 on the file of the first Respondent. 2.When the case came up for hearing on 19.09.2022, the learned Counsel for the Petitioner submitted that for the offences alleged in the FIR, the final report of the investigation had not been filed within the specified time, as per Section 468 Cr.P.C. At that time, the learned Additional Public Prosecutor for the first Respondent submitted that the final report had been filed on 03.12.2021. Therefore, this Court had sought remarks from the learned Judicial Magistrate, Vedasadhur.

3.As per the remarks offered by the learned Additional District Munsif cum Judicial Magistrate, Vedasadhur in D.No.1972 dated 10.10.2022, the FIR itself had not been submitted before the Court concerned. Therefore, the submission of the learned Counsel for the Petitioner is accepted.

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4.Accordingly, this Criminal Original Petition stands allowed. The FIR in Crime No.734 of 2021 dated 03.12.2021 on the file of the first Respondent is quashed. Consequently, connected Miscellaneous Petition is closed.

Internet:Yes./No 11.10.2022 Index:Yes/No mm To 1.The Inspector of Police, Guziliamparai Police Station, Dindigul District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.16194 of 2022 11.10.2022 4/4