Madras High CourtCRL OP(MD)/16935/2024disposed of

K.Nadaraj v. The State Of Tamilnadu

2024-10-16Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.10651 of 2024 K.Nadaraj ... Petitioner Vs.

1.The Inspector of Police, Thevaram Police Station, Theni District.

(Crime No.229 of 2023) 2.Murugeshwari ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the case in Crime No.229 of 2023 on the file of the first respondent Police to quash the same against this petitioner.

For Petitioner : Mr.K.Dinesh For R1 : Mr.P.Kottaichamy Government Advocate (Crl. Side) 1/4

ORDER

This criminal original petition has been filed seeking orders to quash FIR in Crime No.229 of 2023 pending on the file of the first respondent.

2.When the matter is taken up for hearing today, the learned Government Advocate(Crl.side) appearing for the first respondent would submit that in the counter case, the first respondent, after completion of investigation, have filed final report and the case was taken on file in C.C.No.116 of 2024. He would further submit that in the present case, the first respondent, after completion of investigation, filed final report, through E.Filing on 02.08.2024 before the learned Judicial Magistrate, Bodinayakanoor.

3.Considering the above, the learned Judicial Magistrate, Bodinayakanoor is directed to take the case on file, if charge sheet has already been filed as stated by the prosecution, within a period of two weeks from the date of receipt of a copy of this order, if the charge sheet is otherwise in order. In case, any memo has been issued to rectify the defects, the first respondent is directed to rectify the defects pointed out 2/4

by the learned Judicial Magistrate, within one week from the date of receipt of a copy of this order and on such rectification, the learned Judicial Magistrate is directed to take the final report on file, if it is otherwise in order, within one week thereafter. 4.With the above directions, this criminal original petition stands disposed of. Consequently, connected miscellaneous petition is closed. The petitioner is at liberty to challenge the charge sheet, if so advised. 16.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No gns To 1.The Judicial Magistrate, Bodinayakanoor 2.The Inspector of Police, Thevaram Police Station, Theni District.

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

3/4

K.MURALI SHANKAR,J.

gns 16.10.2024 4/4