Thirunavukkarasu vs Inspector Of Police

Sathi Kumar Sukumara Kurup, J

This Criminal Original Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru. S Chandrasekar, Advocate for the Petitioner and of Thiru. T Senthil Kumar, Additional Public Prosecutor for the First respondent, this Court made the following order:

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition seeking to quash the FIR in Crime No.209 of 2020 dated 06.11.2020 on the file of the Inspector of Police, S.P.Pattanam Police Station, Ramanathapuram.

It is the contention of the learned Counsel for the Petitioner that the Petitioner who is arrayed as Accused No.8 was not involved in the alleged crime. At the time of the alleged date and time of occurrence, the Petitioner was attending the marriage function which is available in the You Tube also. The Investigation Officer himself/herself can verify the same and act accordingly. Further he would submit that earlier when the Petitioner along with other accused filed similar petition in Crl.O.P.(MD).No.14426 of 2020, this Court had granted an order of interim stay against the Investigating Officer not to file the report till the Criminal Original Petition is disposed of. Subsequently, when it came up for hearing, the prosecution side made submission that the report had been filed and recording the same, the said petition is dismissed as infructuous.

The learned Counsel for the Petitioner submits that as per the status uploaded on the website of the Court concerned, till date the final report had not been filed. Therefore, the Petitioner seeks to delete his name, who is arrayed as Accused No.8 in Crime No.209 of 2020.

The learned Additional Public Prosecutor seeks time to respond to the submission of the learned Counsel for the Petitioner.

As per the remarks obtained by this Court from the learned Judicial Magistrate No.I, Thiruvadanai in D.No.37/2024 dated 06.01.2024, till date, the final report had not been laid before the learned Judicial Magistrate concerned.

The Respondent Police is directed to be present before this Court on 22.02.2024.

Post the case as ''Part Heard Cases'' at the top of the list on 22.02.2024 at 2.15 p.m.