Madras High Court
Vaisnavi Devi vs The State Rep By on 1 December, 2023
Author: G.Ilangovan
Bench: G.Ilangovan
Crl.O.P.(MD)No.17045 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.17045 of 2023
and
Crl.M.P(MD) No.13535 of 2023
Vaisnavi Devi ... Petitioner/Accused No.3
Vs.
1.The State rep by
Deputy Superintendent of Police,
Thirumangalam,
Madurai District.
2.The State rep. by
The Inspector of Police,
Thirumangalam Town Police Station,
Madurai District. ...Respondents No.1 and 2/
Complainants
3.Alagu ...3rd Respondent/Defacto
Complainant
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records and quash the FIR in Cr.No.424 of 2015 on
the file of 2nd respondent pending against the Petitioner.
For Petitioner : Mr.G.Cenil
For R1 & R2 : Mr.M.Vaikkam Karunanithi
Government Advocate (Crl.side)
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.17045 of 2023
ORDER
This Criminal Original Petition is filed to call for the records and
quash the FIR in Crime No.424 of 2015 on the file of 2nd respondent
pending against the Petitioner.
2. This petition has been filed, on the ground that the petitioner
was minor, at that time of occurrence. The birth certificate of the
petitioner is produced, wherein, it is seen that his Date of Birth is entered
as 27.07.1998 and the date of occurrence is 05.07.2015. The petitioner
was minor at that time of occurrence. But, without noticing the same and
without following proper procedure set out in the Juvenile Justice (Care
and Protection) of Children Act, Final Report has been filed by the
second respondent herein. The parent case was tried in Spl.S.C.No.92 of
2017 before the Additional Sessions Judge, Madurai, and it ended in
acquittal by the judgment, dated 27.11.2020.
3. The learned Government Advocate (Crl.Side) would submit that
separate Final Report has been filed before the Juvenile Justice Board,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.17045 of 2023
4. But copy application that was filed by the petitioner before the
Juvenile Justice Board, Madurai, shows that Final Report was not filed,
considering this petitioner and it came to be returned on 10.10.2023. It
appears that even after lapse of several years, no further action has been
taken by the second respondent herein in this regard. Keeping the matter
pending, without any conclusion may not be proper. On the sole ground,
this petition is liable to be allowed.
5. Accordingly, this Criminal Original Petition is allowed. The FIR
in Crime No.424 of 2015 on the file of 2nd respondent pending against the
Petitioner, is quashed. Consequently, connected Miscellaneous Petition is
closed.
01.12.2023
Index : Yes/No
Internet : Yes/No
Indu
To
1.The Deputy Superintendent of Police,
Thirumangalam,
Madurai District.
2.The Inspector of Police,
Thirumangalam Town Police Station,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.17045 of 2023
G.ILANGOVAN. J.
Indu
Crl.O.P.(MD) No.17045 of 2023
01.12.2023
https://www.mhc.tn.gov.in/judis
