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Madras High CourtCRL OP(MD)/19150/2024dismissed

Subash @ Dhamodhara Subash v. The State Of Tamilnadu

2024-11-07Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P(MD) No.11817 of 2024 Subash @ Dhamodhara Subash .. Petitioner Vs.

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

2. M.K.Sridhar .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS to call for the records pertaining to the impugned First Information Report in Crime No.112 of 2024 on the file of the first respondent police dated 10.04.2024 and quash the same as illegal in so far as the petitioner concern.

For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.A.Thiruvadikumar No.1 Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 112 of 2024 on the file of the first respondent police.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor submitted that in this case investigation has been completed and final report has been filed before the learned Judicial Magistrate, Theni vide e.filing No. TNTH0020067202024 dated 30.07.2024 and it is yet to be taken on file.

3. At this juncture, the learned counsel appearing for the petitioner submitted that charge sheet was filed on 30.07.2024 and it is not yet taken on file.

4. In view of the same this Court is not inclined to quash the First Information Report and the Criminal Original Petition stands dismissed. However the learned Judicial Magistrate, Theni is directed to take the charge sheet on file filed by the respondent police within a period of one 2/4

week from the date of receipt of a copy of this order. Consequently connected miscellaneous petition is also closed. 07.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Judicial Magistrate, Theni

2. The Inspector of Police Allinagaram Police Station, Theni District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

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