Petitioner sought quashing of FIR under Section 482 Cr.P.C. due to involved factual aspects. Hon'ble Court declined to quash but directed the first respondent to file a final report on merits within eight weeks. The matter was disposed of.
Directed the first respondent to file the final report on merits within eight weeks.
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Crl.O.P.(MD)No.3855 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No. 3855 of 2021 and Crl.M.P.(MD)No.2137 of 2021
Yuvaraj ... Petitioner/ 4th Accused Vs.
1.The State Represented by The Inspector of Police, Kallakudi Police Station, Trichy District. (Crime No.86 of 2021) ... 1st Respondent/ Complainant 2.Selvaraj Xavier ... 2nd Respondent/ Defacto Complainant
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for records pertaining to the FIR in Crime No.86 of 2021 on the file of the first respondent police and quash the same as illegal insofar as the petitioner concerned.
For Petitioner : Mr.Mr.T.Lenin Kumar
For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R1
ORDER
This Criminal Original Petition has been filed to quash the impugned FIR. Taking into account the fact that the factual aspects are involved, I am unable to exercise the jurisdiction under Section 482 Cr.P.C in favour of the petitioner. However, taking note of the overall facts and circumstances, the first respondent is directed to file the final report on merits and in accordance with law within a period of eight weeks. This Criminal Original Petition is disposed of, accordingly. Consequently, connected miscellaneous petition is closed.
Assistant Registrar (CS-II)
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Crl.O.P.(MD)No.3855 of 2021
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Inspector of Police, Kallakudi Police Station, Trichy District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.3855 of 2021 and Crl.M.P.(MD)No.2137 of 2021 07.12.2021
RD(21.12.2021) 2P 3C
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2 issues framed by the court
Whether the High Court can exercise inherent jurisdiction under Section 482 Cr.P.C. to quash an FIR where factual aspects are involved.
Whether the police should be directed to file a final report on merits within a stipulated time.
1 provisions across 1 enactments
Yuvaraj
The State Represened by The Inspector of Police, Kallakudi Police Station, Trichy District
Selvaraj Xavier
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
