Madras High CourtCRL OP(MD)/18435/2021dismissed

Selvaraj v. The Inspector Of Police

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

1 Crl.O.P.(MD)No.18435 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.18435 of 2021 and CRL.M.P.(MD)No.10158 of 2021 Selvaraj ... Petitioner/ Accused No.2 Vs.

1.The State rep. By, The Inspector of Police, All Women Police Station, Devakottai, Sivagangai District.

(Crime No.1 of 2021) ... Respondent/ Complainant 2.Sumitha ... Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the impugned First Information Report in Crime No.1 of 2021 on the file of the Inspector of Police, All Women police station, Devakottai, Sivagangai District and quash the same so far as the petitioner herein is concerned.

For Petitioner : Mr.B.Muruganandam For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed to quash the First Information Report in Crime No.1 of 2021 registered on the file of the first respondent.

3. It is a matrimonial complaint. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that final report was filed as early as on 23.06.2021 before the Judicial Magistrate, Devakottai and it is yet to be taken on file.

4. The learned jurisdictional Magistrate is directed to take a call in the matter within a period of three weeks from the date of receipt of a copy of this order. It is open to the petitioner to move this Court again, if the Court below takes cognizance of the https://hcservices.ecourts.gov.in/hcservices/

2 Crl.O.P.(MD)No.18435 of 2021 offences against the petitioner. Leaving open all the contentions and the defences of the petitioner, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed.

5. Registry is directed to make a copy of this order to the learned jurisdictional Magistrate.

Sd/- Assistant Registrar (CO) // 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, Devakottai.

2.The Inspector of Police, All Women Police Station, Devakottai, Sivagangai District.

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

Crl.O.P.(MD)No.18435 of 2021 24.11.2021 MGJ(09.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/