Madras High CourtCRL OP(MD)/20343/2023dismissed as infructuous

Balaji v. The Inspector Of Police

2023-11-10Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.15874 of 2023 Balaji ... Petitioner Vs.

1.The State Rep by The Inspector of Police, Sivagiri Police Station, Tenkasi District.

(In Crime No:114 of 2022) 2.Jeyaprakash

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records pertaining to the impugned FIR in Cr.No.114/2022 on the file of the R1 police station and quash as against the petitioner is concerned and pass such further or other orders For Petitioner : Mr.Henri Tiphange For R1 : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side) 1/4

ORDER

This Criminal original petition has been filed to quash the impugned FIR in Cr.No.114 of 2022 on the file of the R1 police station. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No. 114 of 2022 for the offences punishable under Sections 341 and 353 of IPC, against the petitioner. 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, Sivagiri, and the same was taken cognizance in S.T.C.No.878 of 2022, 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. 2/4

5.With the above said liberty, this criminal original petition stands dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

10.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Inspector of Police, Sivagiri Police Station, Tenkasi District.

(In Crime No:114 of 2022) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN ,J.

TM 10.11.2023 4/4