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Madras High Court

A.Bama @ Sathyabama vs The State Represented By on 3 October, 2019

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                           CRL.OP(MD)No.10041 of 2019


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 03.10.2019

                                                     CORAM

                             THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                        CRL.O.P.(MD).No.10041 of 2019
                                                     and
                                         CRL.M.P(MD)No.6302 of 2019


                     1.A.Bama @ Sathyabama
                     2.M.Anto                                                   ... Petitioners


                                                          Vs.
                     1.The State represented by
                       The Inspector of Police,
                       Arumanai Police Station,
                       Kanyakumari District.
                       (Crime No.59 of 2019)

                     2.S.Sivakumar                                             ... Respondents


                     PRAYER : Criminal Original Petition is filed under Section 482 of
                     Cr.P.C, to call for the records in Crime No.59 of 2019 and to quash
                     the same as illegal on the file of the first respondent police.
                                  For Petitioners : Mr.S.Saji Bino
                                  For R1          : Mr.K.Suyambulinga Bharathi,
                                                          Government Advocate (Crl.Side)

                                  For R2          : Mr.H.Thayumanaswamy

                                                     ORDER

This petition has been filed to quash the FIR in Crime No.59 of 2019 on the file of the first respondent police.

http://www.judis.nic.in1/5 CRL.OP(MD)No.10041 of 2019

2. The learned Government Advocate (Criminal Side) submitted that FIR in Crime No.59 of 2019, on the file of the first respondent police has been enquired and the same was closed as 'Further Action Dropped'.

3. The learned counsel appearing for the petitioners submitted that without conducting proper enquiry, the respondent police closed the FIR and also the closure report has not been served to the petitioners.

4. Considering the above facts and circumstances, the respondent police is directed to serve the copy of the closure report to the petitioners. The petitioners are at liberty to file a protest petition before the concerned jurisdictional Magistrate.

5. Accordingly, this Criminal Original Petition is dismissed.

Consequently, connected miscellaneous petition is closed.

03.10.2019 das http://www.judis.nic.in2/5 CRL.OP(MD)No.10041 of 2019 To

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

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

http://www.judis.nic.in3/5 CRL.OP(MD)No.10041 of 2019 http://www.judis.nic.in4/5 CRL.OP(MD)No.10041 of 2019 G.K.ILANTHIRAIYAN, J.

das CRL.O.P.(MD).No.10041 of 2019 and CRL.M.P(MD)No.6302 of 2019 03.10.2019 http://www.judis.nic.in5/5