Madras High CourtCRL OP(MD)/22410/2023dismissed as infructuous

Subinsharukan v. The Inspector Of Police

2023-12-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Subinsharukan 2.Sheela ... Petitioners Vs.

1.State represented through the Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

In Crime No.11 of 2020 ... 1st Respondent/Complainant 2.Pechiyammal ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records connected to the impugned First Information Report in Crime no.11 of 2020 pending on the file of the R1 Police and quash the same and against the petitioners. For Petitioner : Mr.R.Karunanadhi For Respondents : Mr.R.M.Anbunithi for R1 Additional Public Prosecutor 1/4

ORDER

This criminal original petition has been filed to quash the First Information Report in Crime no.11 of 2020 pending on the file of the R1 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.11 of 2020 for the offences punishable under Sections 294(b) and 506(ii) of IPC and Section 4 of TNPHWAct, 2002. Seeking quashment of the same this petition has been filed 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.III, Tuticorin, 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, 2/4

if so aggrieved by the contents of the final report. The learned Judicial Magistrate No.III, Tuticorin, shall process the above said final report within the time stipulated as per Rules.

5.With the above said liberty, this criminal original petition stands dismissed as infructuous.

13.12.2023 Index :

Yes / No Internet :

Yes / No TM To 1.The Judicial Magistrate No.III, Tuticorin 2.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

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

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G.ILANGOVAN ,J.

TM 13.12.2023 4/4