Madras High CourtCRL OP(MD)/18547/2021disposed of

P.Asokan v. The Inspector Of Police

2021-11-25Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18547 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18547 of 2021 and Crl.M.P.(MD)No.10235 of 2021 P.Asokan .. Petitioner / Accused No.1 Vs 1.The State rep. by Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

Crime No.377 of 2021 .. 1st Respondent / Complainant 2.Geetha .. Respondent / Defacto complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pursuant to the proceedings in Crime No.377 of 2021 pending on the file of the first respondent police and quash the same.

For Petitioner : Mrs.Porkodi Karnan for M/s.Polax Legal Solutions For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.377 of 2021 registered on the file of the first respondent for the offences under Sections 294(b), 323, 355 & 506 (i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that final report was filed on 28.09.2021 before the Judicial Magistrate, Thiruppuvanam. The jurisdictional Magistrate will take a call in the matter on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order. It is open to the petitioner herein to move this Court again on the same cause of action, if the Magistrate takes cognizance of the offence.

3. With this liberty to the petitioner and direction to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18547 of 2021 Court below, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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, Thiruppuvanam, Sivagangai District.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

+1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate (SR-36001[F] dated 26/11/2021) Crl.O.P(MD)No.18547 of 2021 25.11.2021 DKS(CO) SB(13.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2