Madras High CourtCRL OP(MD)/19925/2023dismissed as infructuous

T.Rathinam v. The Sub Inspector Of Police

2023-11-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.15631 of 2023 1.T.Rathinam 2.R.Palaniyammal ... Petitioners Vs.

1.The State rep by The Sub Inspector of Police, Bodinayakkanur Taluk Police Station, Theni District.

(Crime No.236/2023) 2.S.Rajeswari

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to Pass an order to call for the entire records connected with Cr.No.236/2023 on the file of the R1 and quash the same as illegal.

For Petitioners : Mr.M.G.Anandkumar For R1 : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side) 1/4

ORDER

This criminal original petition has been filed to quash the FIR in Cr.No.236/2023 on the file of the first respondent. 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.236 of 2023 for the offences punishable under Sections 447, 427, 294(b), 506(i) of IPC altered into Sections 447, 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, Bodinayakanur, and the same was taken cognizance in S.T.C.No.777 of 2023. 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, 2/4

if so aggrieved by the contents of the final report. 5.With the above said liberty, this criminal original petition stands dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

08.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Sub Inspector of Police, Bodinayakkanur Taluk Police Station, Theni District.

(Crime No.236/2023) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 08.11.2023 4/4