Shanmugavel @ Shanmugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.16011 of 2023 1.Shanmugavel @ Shanmugam 2.Chinnadurai 3.Esakki @ Esakki Pandi 4.Pandi @ Esakki Pandi 5.Esakki Durai 6.Balasubramaniyan 7.Ganesan ... Petitioners Vs.

1.The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

(in Crime No.255 of 2023) ... 1st Respondent/Complainant 2.Krishnakumar ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records of impugned FIR in Crime No.255 of 2023 pending on the file of the 1st respondent and quash the same as illegal in so far as the petitioners. For Petitioner : MrV.Angusamy For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.255 of 2023 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.255 of 2023 for the offences punishable under Sections 109, 147, 148, 324, 506(ii), 379 and 294(b) of IPC. 3.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that after completing the investigation final report has been filed before the learned Judicial Magistrate No.II, Tirunelveli 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 Magistrate No.II, Tirunelveli, shall process the above said final report 2/4

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.

16.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judicial Magistrate No.II, Tirunelveli. 2.The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

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

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G.ILANGOVAN ,J.

TM 16.11.2023 4/4