Madras High CourtCRL OP(MD)/19895/2023dismissed as infructuous

Gireesh v. The Inspector Of Police

2023-11-07Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.15615 of 2023 Gireesh ... Petitioner Vs.

1.The Inspector of Police, Eraniel Police Station, Kanyakumari District.

(Crime No.55/2023) 2.Mudiyappan

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the First Information report in Crime No. 55 of 2023 pending on the file of the respondent police and quash the same as illegal in respect of the petitioner herein and may pass such other or further orders For Petitioner : Mr.A.Balakrishnan For R1 : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side) 1/4

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.55 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.55 of 2023 for the offences punishable under Sections 457 and 380 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, Eraniel, through e-filing 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, Eraniel, shall process the above said final report within the 2/4

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.

07.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judicial Magistrate, Eraniel.

2.The Inspector of Police, Eraniel Police Station, Kanyakumari District.

(Crime No.55/2023).

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

3/4

G.ILANGOVAN ,J.

TM 07.11.2023 4/4