Manickam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.09.2018

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.3596 of 2011 and M.P.Nos.1 & 2 of 2010 1.Manickam, S/o.Periyasamy.

2.Mohan, S/o.Periyasamy.

3.Ravi @ Raikumar, S/o.Ramasamy.

4.Senthil, S/o.Ramasamy.

5.Yuvaraj, S/o.Elangovan.

... Petitioners/Accused Nos.1 to 5 Vs.

1.State by The Inspector of Police, Tiruchengode Rural Police Station, Namakkal District, [Crime No.98 of 2010].

2.The Deputy Superintendent of Police, Tiruchengode, Namakkal District.

... Respondents/Complainants 3.Suresh, S/o.Elayappan.

... Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in S.C.No.130 of 2010 on the file of the Principal and District Sessions Judge, Namakkal, Namakkal District and quash the proceedings pending as against them in respect of the above said charges.

For Petitioners: Mr.Mohanakrishnan For R1 & R2 : Ms.V.Saratha Devi, Government Advocate [Crl.Side]

O R D E R

This Criminal Original Petition has been filed to call for the records in S.C.No.130 of 2010 on the file of the Principal and District Sessions Judge, Namakkal, Namakkal District and quash the proceedings pending against them.

2.The learned counsel for the petitioners submitted on 07.09.2018 that the case in the Lower Court in S.C.No.130 of 2010 pending on the file of the Principal and District Sessions Judge, Namakkal District had ended in acquittal by Judgment dated 01.04.2016, but he was unable to produce the proof for the same.

3.The learned Government Advocate [Crl.Side] was asked to verify the same. Today, when the matter was taken up for hearing, the learned Government Advocate had produced the copy of the Judgment dated 01.04.2016 rendered in S.C.No.130 of 2010. 4.On perusal of the same, it is found that all the accused have been acquitted by the Trial Court. In view of the above nothing survives for adjudication in this Criminal Original Petition. Hence, this Criminal Original Petition stands closed. Consequently, the connected Miscellaneous Petitions are closed. -s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar ah To 1.The Principal and District Sessions Judge, Namakkal, Namakkal District.

2.The Inspector of Police, Tiruchengode Rural Police Station, Namakkal District, [Crime No.98 of 2010].

3.The Deputy Superintendent of Police, Tiruchengode, Namakkal District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.3596 of 2011 RSI(CO) SP(12/11/2018)