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Madras High Court

S.Ramasubbu vs The Inspector Of Police on 24 July, 2024

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                                                         CRL OP(MD). No.2933 of 2023



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    Dated : 24.07.2024

                                                        CORAM

                                  THE HON`BLE MR.JUSTICE B.PUGALENDHI

                                           CRL OP(MD). No.2933 of 2023
                                                     and
                                           CRL MP(MD)No.2698 of 2023

                     S.Ramasubbu                                            ... Petitioner

                                                        Vs

                     1.The Inspector of Police,
                       Chokkampatti Police Station,
                       Tenkasi District.
                       (Crime No.100 of 2018)

                     2.The Assistant Engineer,
                       National Highways,
                       Kadayanallur,
                       Tenkasi District.                                   ... Respondents

                     Prayer : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to call for the records in Crime No.100 of 2018
                     on the file of the respondent police.


                                   For Petitioner       : Mr.S.Kumar

                                   For Respondents : Mr.P.Kottai Chamy
                                                     Government Advocate (Crl. Side)

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                               CRL OP(MD). No.2933 of 2023



                                                          ORDER

This Criminal Original Petition is filed to quash the First Information Report in Crime No.100 of 2018 pending on the file of the first respondent police.

2. The learned Government Advocate (Crl. Side) on instruction from the respondent police submits that the investigation has already been completed, final report has been filed before the Judicial Magistrate, Tenkasi, and the same is taken on file in C.C.No.378 of 2024.

3. The learned Counsel for the petitioner by referring the interim order granted by this Court by order dated 27.02.2023 stated that despite the order of this Court, the respondent police had filed the final report.

4. It appears that the petitioner has filed the interim application seeking an interim order in Crime No.100 of 2020, instead of Crime No. 100 of 2018. This Court has also granted interim order for Crime No.100 of 2020 and therefore, there is no impediment for the respondent police for filing the final report in Crime No.100 of 2018. Moreover, the 2/4 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2933 of 2023 interim order dated 27.02.2023 is restricted only for a period of four weeks. Therefore, this Court is not inclined to entertain this application.

5. Accordingly, this Criminal Original Petition is closed with liberty to the petitioner to workout his remedy in the manner known to law. Consequently, connected miscellaneous petition is closed.

24.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes jbr To

1.The Inspector of Police, Chokkampatti Police Station, Tenkasi District.

2.The Assistant Engineer, National Highways, Kadayanallur, Tenkasi District.

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

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https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2933 of 2023 B.PUGALENDHI,J jbr Order made in Crl.O.P.(MD)No.2933 of 2023 24.07.2024 4/4 https://www.mhc.tn.gov.in/judis