Madras High CourtCRL OP(MD)/18106/2022closed

Boopathy v. The Inspector Of Police

2022-11-23Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and Crl.M.P(MD).No.12107 of 2022 1.Boopathy 2.Narayanan ... Petitioners/Accused 1&2 Vs.

1.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

...1st Respondent/Complainant (Crime No.236 of 2016) 2.Mohamed Misbar Khan ...2nd Respondent/Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned FIR in Crime No.236 of 2016 on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.D.Balamurugapandi For R-1 : Mr.R.Sivakumar Government Advocate (Crl.side)

ORDER

This petition had been filed to quash the First Information Report in Crime No.236 of 2016 on the file of the Uchipuli Police Station for the offence under Sections 294(b), 323 and 506(ii) of IPC. 1/4

2.When the matter was taken up for hearing on 16.11.2022, the learned Additional Public Prosecutor submitted that final report in Crime No.236 of 2016 had been filed before the Court of the learned Judicial Magistrate No.II, Ramanathapuram. The learned counsel for the petitioner disputed the same. Therefore, this Court had called for remarks from the learned Judicial Magistrate No.II, Ramanathapuram and adjourned the case to 23.11.2022.

3.Today i.e., 23.11.2022 remarks of the learned Judicial Magistrate No.II, Ramanathapuram, had been received. As per the remarks offered by the learned Judicial Magistrate No.II, Ramanathapuram, final report of the investigation in Crime No.236 of 2016 had been filed, on verification, it was found to be defective and therefore, it was returned. 4.Recording the same, the Criminal Original Petition is closed. Consequently, connected Miscellaneous Petition is also closed. 23.11.2022 Index : Yes/No Internet:Yes/No Rmk 2/4

To 1.The Judicial Magistrate No.II, Ramanathapuram. 2.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

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

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SATHI KUMAR SUKUMARA KURUP, J., Rmk and Crl.M.P(MD).No.12107 of 2022 23.11.2022 4/4