Madras High CourtCRL OP(MD)/21590/2024disposed of

Sivakumar v. The State Of Tamilnadu

2024-12-09Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.(MD)No.13369 of 2024 Sivakumar ... Petitioner Vs.

1.State of Tamil Nadu, Rep. by The Inspector of Police, Vellanur Police Station, Pudukkottai District.

(Crime No.3 of 2024) 2.Navaneetha Krishnan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records of the impugned First Information Report in Crime No.3 of 2024, on the file of the first respondent Police, and quash the same.

For Petitioner : Mr.R.Jegadeeswaran For R1 : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) For R2 : Mr.R.Anand 1/4

ORDER

This Petition has been filed to quash the F.I.R. in Crime No.3 of 2024, on the file of the first respondent Police.

2. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the first respondent submitted that it is a case and case in counter and that following the directions of this Court in Crl.O.P.(MD)No.3023 of 2024, dated 08.07.2024, the Investigating Officer has now filed a final report as against both parties before the learned Judicial Magistrate No.II, Pudukkottai. The learned Government Advocate (Criminal Side) further submitted that the concerned Court is yet to act upon the final report.

3. Taking into consideration the facts and circumstances of the case and also the fact that the final report has already been filed on completion of investigation, this Court is not inclined to interfere with the F.I.R. at this stage. If ultimately, the Police report is acted upon and process is issued to the petitioner and he is aggrieved by the same, it is left open to the petitioner to workout his remedy in the manner known to law, if so advised.

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4. This Criminal Original Petition is disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. NCC : Yes / No 09.12.2024 Index : Yes / No smn2 To 1.The Inspector of Police, Vellanur Police Station, Pudukkottai District.

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

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M.NIRMAL KUMAR, J.

smn2 Order made in Dated: 09.12.2024 4/4