Madras High CourtCRL OP/5430/2013dismissed as infructuous

M.Kala v. The Insector Of Police

2019-11-19Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2019

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.OP No.5430 of 2013 and M.P.Nos.1 & 2 of 2013

1. M.Kala

2. S.Latha

3. K.Shajahan

4. Ayub ... Petitioners Vs.

1. The State rep. by The Inspector of Police, District Crime Branch, Vellore, Vellore District.

2. S.Md.Noorullah ... Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire records in C.C.No.3 of 2013, pending on the file of the learned Judicial Magistrate No.II, Vellore, Vellore District and quash the same as against the petitioners.

For Petitioners : Mr.V.Madhavan - No Appearance For Respondents : Mr.R.Raghavan, Govt. Advocate (Crl.Side) for R1

ORDER

This criminal original petition has been filed seeking to quash the proceedings in in C.C.No.3 of 2013, pending on the file of the learned Judicial Magistrate No.II, Vellore, Vellore District.

The first respondent police registered a case against the petitioners herein based on the complaint given by the second respondent. After investigation, laid a charge sheet before the learned Judicial Magistrate No.II, Vellore, which was taken on file in C.C.No.3 of 2013. During pendency of the above https://hcservices.ecourts.gov.in/hcservices/

calender case, the petitioners have filed the present petition to quash the above calender case.

There is no representation on behalf of the petitioner. The learned Government Advocate (Crl.Side) appearing for the first respondent police would submit that during pendency of this petition, the petitioners have filed a petition under Section 239 of Cr.P.C. in C.M.P.No.3124 of 2014 and the same was allowed on 28.11.2014 and all the petitioners were discharged. The learned Government Advocate would further submit that state has preferred a revision against the discharge of the petitioners, which is pending before the learned Principal District and Sessions judge, Vellore.

In view of the above submissions and the fact that as on date, the case in C.C.No.3 of 2013 is not pending, this criminal original petition is dismissed as infructuous. Consecutively connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cgi To

1. The Judicial Magistrate No.II, Vellore, Vellore District.

2. The Inspector of Police, District Crime Branch, Vellore, Vellore District.

3. Public Prosecutor, High Court of Madras.

Crl.OP No.5430 of 2013 and M.P.Nos.1 & 2 of 2013 srg 06/01/2019 https://hcservices.ecourts.gov.in/hcservices/