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Madras High CourtCRL OP/17210/2015dismissed as infructuous

Sankaran Sethuraman v. State Rep. By

2021-01-27Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.01.2021 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17210 of 2015 1.Sankaran Sethuraman, S/o. Late Mr.Seturaman 2.Radha Sankaran, W/o.Sankaran Sethuraman

...Petitioners/Accused 2 & 3

Vs.

1. State Represented by Inspector of Police, W-22, All Women's Police Station, Mylapore, Chennai - 600 004.

(Crime No.327 of 2015)

2. Savitha Sethuram, D/o.Sethuram

...Respondents/Complainants

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to call for the records pertaining to the proceedings in FIR No.8 of 2015, dt. 26.03.2015 on the file of E1, All Women's Police Station, Mylapore, Chennai and quash the same.

For Petitioners : Mr.Mahesh Kumar For R-1 : Mr.C.Iyyappa Raj, Additional Public Prosecutor For R-2 : No appearance

O R D E R

(The case has been heard through video conference) The Criminal Original Petition has been filed by the Petitioners/A2 & A3 seeking to call for the records pertaining to the proceedings in FIR No.8 of 2015 dated 26.03.2015, pending on the file of E1, All Women's Police Station, Mylapore, Chennai and to quash the same.

2.The learned counsel appearing for the petitioners is present before this Court today.

3.On earlier occasion, it had been brought to the knowledge of this Court, that the case in Crime No.8 of 2015 dated 26.03.2015, on the file of E1, All Women's Police Station, Mylapore, Chennai was transferred to the file of the All Women's Police Station, Kalpakkam, Chengalpet District, on account of jurisdiction and thereby, this Court had directed the petitioner to implead the All Women Police Station, Kalpakkam, Chengalpet District as a necessary party and this Court also directed the Inspector of Police, All Women Police Station, Kalpakkam, Chengalpet District, to summon the petitioners to appear for enquiry. Meanwhile, the learned counsel for the petitioners was also directed to implead All Women Police Station, Kalpakkam, Chengalpet District. 4.

When the matter is taken up for hearing today, it is brought to the knowledge of this Court, that All Women's Police Station, Mamallapuram is the jurisdictional police in respect of the complaints of the offences relating to Women in the limits of Kalpakkam, Chengalpet District, and thereby, the case was taken up for investigation by the All Women Police Station, Mamallapuram, Chengalpet District in Crime No.1 of 2018.

5.Today, All Women Police Station, Mamallapuram Chengalpet District, has filed the Status Report. In the Status Report it has been stated that the investigation has been completed and the final report has been filed before the Learned District Munsif cum Judicial Magistrate, Thirukalukundram on 18.11.2018, after obtaining opinion from the Deputy Director to Prosecution, Chengalpet District. 6.In view of the fact that the Final Report has been filed before the Learned District Munsif cum Judicial Magistrate, Thirukalukundram, the prayer sought for in this petition has become infructuous.

7.Recording the same, the Criminal Original Petition stands dismissed as infructuous.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssi To

1. The Inspector of Police, W-22, All Women's Police Station, Mylapore, Chennai - 600 004.

2. The Public Prosecutor, High Court of Madras, Chennai.

3. The All Women Police Station, Mamallapuram, Chengalpet.

4. The District Munsif cum Judicial Magistrate, Thirukalukundram RSI(CO) SM/18/02/2021 Crl.O.P.No.17210 of 2015