M. SUBRAMANIAM Vs. S. JANAKI

JUDGEMENT

(1.) The impugned order dated 06.01.2010 passed by the Madurai Bench of Madras High Court in Criminal O.P. (MD) No. 11620 of 2009 filed by S. Janaki, the first respondent before us, directs the Inspector of Police, City Crime Branch, K.K. Nagar, Trichy to register a case, that is, First Information Report, on the basis of the complaint dated 18.09.2008 and after investigation file the final report in accordance with law.

(2.) Aggrieved, Mr. M. Subramaniam and Mr. R.V. Prasanna Venkatesan who were not even made parties to the aforesaid Criminal O.P. (MD) No. 11620 of 2009 have filed the present petition under Article 136 of the Constitution of India. By order dated 12.03.2010, the permission to file Special Leave Petition was granted and notice was issued. On considering the facts and assertions made, it was directed that in the meanwhile operation of the impugned judgment would be stayed.

(3.) In spite of the aforesaid stay, it appears that the Inspector of Police, City Crime Branch, K.K. Nagar, Trichy on 05.04.2010 had registered an FIR in Crime No. 7 of 2010 under Sections 403, 406, 408, 418(i), 420, 424 and 465 of the Indian Penal Code, 1860 against the two appellants and three others. During the course of the hearing before us, the appellants have produced a copy of the order dated 18.02.2019 passed by the Madurai Bench of Madras High Court in Criminal O.P. (MD) No. 5195 of 2010 and M.P.(MD) No. 1 of 2010 filed by the appellants and three others against the two respondents. By this order, the petition was partly allowed with the direction that the aforesaid case registered as Crime No. 7 of 2010 will be treated as closed. In the event of this Court dismissing the present S.L.P., the police would proceed with the investigation in Crime No. 7 of 2010 and take it to its logical conclusion by either filing charge-sheet or a final closure report as the case may be. It stands specifically directed that the police would not proceed further with the investigation till the decision of the present S.L.P.