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Madras High CourtCRL OP(MD)/15829/2022allowed

Ramasubbu v. The Inspector Of Police

2022-09-19Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and Crl.M.P(MD)No.10463 of 2022 Ramasubbu ... Petitioner/Sole Accused Vs.

1.State through The Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

(In Crime No.297 of 2021) ...1st Respondent/Complainant 2.A.Sivathanu ...2nd Respondent/De-Facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the impugned F.I.R. in Crime No.297 of 2021, dated 25.05.2021 on the file of the first respondent police and to quash the same as illegal.

For Petitioner : Mr.G.Aravinthan For R1 : Mr.S.Nambi Selvan Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No.297 of 2021, dated 25.05.2021 on the file of the first Respondent Police.

2.The learned Additional Public Prosecutor would submit that the investigation in Crime No.297 of 2021 has been completed and final report has also been laid before the learned Judicial Magistrate, Ambasamuthiram on 25.05.2022.

3. The learned Counsel for the Petitioner would submit that the offence under Section 269 of IPC., is punishable only with fine. Therefore, even when the argument of the learned Additional Public Prosecutor is accepted that the final report is laid after one year. 4.Based on the objection by the learned Counsel for the Petitioner, this Criminal Original Petition is allowed and the F.I.R. in Crime No.297 of 2/4

2021, dated 25.05.2021 on the file of the first Respondent police is hereby quashed. Consequently connected Miscellaneous Petition is closed. 19.09.2022 Index:Yes/No vsd To 1.The Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

(In Crime No.297 of 2021) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

vsd and Crl.M.P(MD)No.10463 of 2022 19.09.2022 4/4