A.Prabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.16226 of 2022 and Crl.M.P(MD) No.10761 of 2022 A. Prabhu

...Petitioner

vs

1. The Inspector of Police All Women Police Station Trichy

2. Merchy

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the First Information Report pertaining to the case in Crime No.28 of 2015 on the file of the first Respondent and quash the same. For Petitioner : Mr.P.Venkatesan For R-1 : Mr.R.Suresh Kumar Government Advocate(Crl.Side) For R-2 : Mr. Haroon Rasheed 1/5

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.28 of 2015 on the file of the first Respondent police.

2. When the learned Counsel for the Petitioner submitted his arguments stating that petition has been filed to quash the First Information Report, the learned Government Advocate(Crl.Side) submitted that investigation has been completed and final report laid before the Court concerned.

3. Meanwhile Mr.Haroon Rasheed, learned Counsel, Enrl No. 2494/2000 appeared before this Court today and seeks permission of this Court to file vakalath on behalf of the second Respondent. He submitted that he has filed protest petition on receipt of RCS notice in receipt of Crime No.28 of 2015. Notice was served on the defacto Complainant in RCS No.5 of 2017. Based on which the defacto complainant had preferred protest petition . After hearing the protest petition investigation in Crime 2/5

No.28 of 2015 was reopened. Subsequently after completion of investigation final report filed before the Additional Mahila Court and the same has been taken cognizance in CC No.2012 of 2019. The Petitioner herein is arrayed as Accused . He absconded. Hence Non Bailable Warrant was issued on 14.11.2022. Therefore the case is still pending.

4. In view of the same, the Criminal Original Petition stands dismissed. The Petitioner is directed to surrender before the learned Magistrate and cooperate with the trial. Consequently connected miscellaneous petition is closed.

16.11.2022 Internet:Yes./No Index:Yes/no aav To

1. The Inspector of Police All Women Police Station Trichy 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/5

4/5

SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.16226 of 2022 16.11.2022 5/5