Rajaram vs The Inspector Of Police
2024 Latest Caselaw 20953 Mad

Madras High Court

Rajaram vs The Inspector Of Police on 4 November, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                      Crl.O.P.(MD)No.475 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED:04.11.2024

                                                     CORAM:

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                            Crl.O.P.(MD) No.475 of 2023
                                                       and
                                            Crl.M.P.(MD).No.421 of 2023

                     1.Rajaram

                     2.Jayalakshmi                                             ... Petitioners

                                                        Vs.
                     1.The Inspector of Police,
                       Veerapandi Police Station,
                       Theni District.
                       (Crime No.398 of 2022)

                     2.Jayaprakash                                      ...Respondents
                     PRAYER: Criminal Original Petition is filed under Section 482 of
                     Cr.P.C, to call for the records pertaining to the above FIR in Crime No.
                     398 of 2022 on the file of the first respondent Police and quash the same.

                                  For Petitioners          : Mr.C.Jeganathan

                                  For R-1                     : Mr.B.Thanga Aravindh
                                                                Government Advocate
                                                                (Criminal Side)

                                  For R-2                  : Mr.P.Mahendran




https://www.mhc.tn.gov.in/judis
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                                                                         Crl.O.P.(MD)No.475 of 2023


                                                         ORDER

This Criminal Original Petition has been filed to call for the

records pertaining to an FIR in Crime No.398 of 2022 on the file of the

first respondent Police and quash the same.

2. The case in hand involves a case and counter case. The Full

Bench of this Court in the case of T.Balaji and Another Vs. The State

represented by the Inspector of Police, Chennai and Another reported

in 2024 (2) LW (Crl) 175 has given various directions as to how a case

and counter case must be investigated by the Police and how a trial Court

must deal with such a case.

3. The learned Government Advocate (Criminal Side) appearing

for the respondent Police on instructions submitted that investigation has

been completed in this case and a final report was filed before the learned

Judicial Magistrate, Theni, through E-filing mode and the same is yet to

be taken on file. It was further brought to the notice of this Court that

based on the complaint given by the first petitioner, the First Information

Report was registered in Crime No.399 of 2022 and a final report was

filed in this First Information Report and the same has been taken on file

by the learned Judicial Magistrate, Theni in C.C.No.184 of 2024. https://www.mhc.tn.gov.in/judis

4. In the light of the above development, the First Information

Report cannot be quashed at this stage. It goes without saying that it will

be left open to the parties to take all the grounds before the Court below

and the Court below will strictly go by the guidelines in the judgment of

the Full Bench referred supra.

5. This Criminal Original Petition is disposed of accordingly.

Consequently, the connected miscellaneous petition is closed.

04.11.2024

Index : Yes/No Internet : Yes/No TSG To

1.The Inspector of Police, Veerapandi Police Station, Theni District.

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

https://www.mhc.tn.gov.in/judis

N.ANAND VENKATESH. J.

TSG

04.11.2024

https://www.mhc.tn.gov.in/judis