(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.