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Madras High CourtCRL OP/30337/2015dismissed

Mr.Samuel Kishore v. The Inspector Of Police

2021-09-13Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2021

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN CRL.O.P.NO.30337 OF 2015 AND M.P.NO.1 OF 2015 Samuel Kishore ... Petitioner/Accused .Vs.

1. The Inspector of Police, B7 Police Station, Ramanathapuram, Coimbatore-641037.

... 1st Respondent

2. Philips Mohan ... 2nd Respondent/Complainant PRAYER:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the Crime No.602 of 2015 on the file of the 1st respondent Police, Coimbatore and quash the same as far as the petitioners are concerned. For Petitioner ..

No Appearance For R1 .. Mr.E.Raj Thilak Government Advocate (Criminal Side) For R2 .. No Appearance

ORDER

This petition has been filed seeking to quash the records relating to Crime No.602 of 2015 on the file of the first respondent/Inspector of Police, B7 Police Station, Ramanathapuram, Coimbatore.

2. The said First Information Report in Crime No.602 of 2015 had been registered on 18.10.2015 on a complaint given by the https://hcservices.ecourts.gov.in/hcservices/

second respondent under Sections 294(B), 379, 406, 427, 500, 506 (ii) of I.P.C and Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act.

3. Mr.E.Raj Thilak, learned Government Advocate (Criminal Side) had forwarded a final report filed by the first respondent before the Judicial Magistrate No.VI, Coimbatore, whereby, the first respondent, after investigation had closed the First Information Report as mistake of fact. This final report is dated 16.07.2016. The second respondent, should have been aware of this particular fact. It is open to him to take steps in manner known to law.

4. Since the present Criminal Original Petition does not survive, it is dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar grs/kbs To 1.

The Judicial Magistrate No.VI, The Judicial Magistrate Court, Coimbatore.

2.

The Inspector of Police, B7 Police Station, Ramanathapuram, Coimbatore - 641037.

3.

The Public Prosecutor (Crl. Side), High Court, Madras.

CRL.O.P.NO.30337 OF 2015 AND M.P.NO.1 OF 2015 SRA(CO) PBS/27/09/2021 https://hcservices.ecourts.gov.in/hcservices/