Madras High CourtCRL OP(MD)/20907/2021disposed of

Kaliyaperumal @ Kaliyamoorthy v. The Inspector Of Police

2022-02-01Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20907 of 2021 1.Kaliyaperumal @ Kaliyamoorthy 2.Shanmuganathan 3.Ilayaraja 4.Kanagammal @ Kanagamirtham 5.Indhra ... Petitioner /Accused 1 to 5 vs.

1.The State, rep.by Inspector of Police, Kabisthalam Police Station, Thanjavur Police Station, Thanjavur.

(Crime No.49 of 2019) ... 1st respondent /Complainant 2.Selvaraj ... 2nd respondent/Defacto complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records of the FIR registered in Crime No.49 of 2019 dated 03.01.2019 pending investigation on the file of the first respondent and quash the same.

For Petitioners : Mr.J.Saravanakumar For Respondents : Mr.E.Antony Sahaya Prabhakar for R1

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for R1.

2.This criminal original petition has been filed to quash the FIR in Crime No.49 of 2019 registered on the file of the first respondent. I am not satisfied that a case for quashing has been made out. Therefore, the first respondent is directed to file the final report within a period of four weeks from the date of receipt of copy of this order. The jurisdictional magistrate shall take a call within two weeks thereafter. If the jurisdictional magistrate rejects the final report, then, it is in favour of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

If the jurisdictional magistrate takes cognizance of the offences, the trial itself will be concluded within a period of four months thereafter. I have not gone into the merits of the matter. All the contentions of the petitioners are left open. The criminal original petition is disposed of.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) 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 Inspector of Police, Kabisthalam Police Station, Thanjavur Police Station, Thanjavur.

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

Crl.O.P.(MD)No.20907 of 2021 01.02.2022 SS/24.02.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2