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Madras High CourtCRL OP(MD)/15628/2023dismissed as infructuous

Tamilselvi v. The Inspector Of Police

2023-12-05Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.12424 of 2023 Tamilselvi ... Petitioner Vs.

1.The Inspector of Police, Uthappanaickanur Police Station, Uthappanaickanur, Madurai District.

Crime No.44 of 2022.

2.Priya

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the FIR in connection with Cr.No. 44 of 2022 on the file of the Inspector of Police, Uthappanaickanur Police Station, Uthappanaickanur, Madurai District and subsequently Quash the same as illegal, erroneous and devoid of merits. For Petitioner : Mr.J.Sankara Pandian For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.S.M.A.Jinnah 1/4

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.44 of 2022 on the file of the 1st Respondent Police. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.44 of 2022 for the offences punishable under Sections 147, 148, 427, 379 of IPC.

3.When the matter is taken up for hearing, the learned Government Advocate (Crl. Side) would submit that after completing the investigation final report has been filed before the learned Judicial Magistrate, Usilampatti, through e-filing and the same has not been taken cognizance so far. Hence, the prayer sought for in this petition has become infructuous.

4.Since the final report has been filed before the concerned Court, the petitioner can workout his remedy through appropriate proceedings, if so aggrieved by the contents of the final report. The learned Judicial 2/4

Magistrate, Usilampatti, shall process the above said final report within the time stipulated as per Rules.

5.With the above said liberty, this criminal original petition stands dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

05.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judicial Magistrate, Usilampatti.

2.The Inspector of Police, Uthappanaickanur Police Station, Uthappanaickanur, Madurai District.

Crime No.44 of 2022.

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

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G.ILANGOVAN ,J.

TM 05.12.2023 4/4