M.Kumaresan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA Crl.O.P.No.4015 of 2021 and Crl.M.P.No.2457 of 2021 M.Kumaresan ... Petitioner Vs.

1.State Rep by:

The Inspector of Police, R3, Ashok Nagar Police Station, Chennai - 600 033.

2.Mrs.M.Kasthuri ...

Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and to quash the FIR in Crime No.28 of 2021 dated 12.02.2021 as far as the petitioner is concerned, pending on the file of the 1st respondent.

For Petitioner : Mr.K.Balasubramaniam For Respondents : Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl.Side) for R1 : Mr.R.Muthukumar for R2

O R D E R

This Criminal Original Petition has been preferred to call for the records 1/4

and to quash the FIR in Crime No.28 of 2021 dated 12.02.2021 as far as the petitioner is concerned, pending on the file of the 1st respondent.

2. Heard Mr.K.Balasubramaniam, learned counsel for the petitioner and Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Crl.Side) for R1 and Mr.R.Muthukumar, learned counsel for the second respondent.

3. When the matter was taken up for hearing today, the learned Government Advocate (Crl.Side) appearing for the first respondent submitted that the investigation in this case has already been completed and the charge sheet has been referred as "mistake of fact" and a notice for referring the charge sheet is yet to be served on the 2nd respondent/de-facto complainant.

4. In view of the above submission of the learned Government Advocate (Crl.Side), this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. Index: Yes/No 10.10.2022 Speaking / Non Speaking Order gsk 2/4

To 1.The Inspector of Police, R3, Ashok Nagar Police Station, Chennai - 600 033.

2.The Public Prosecutor, High Court of Madras.

3/4

R.N.MANJULA, J.

gsk Crl.O.P.No.4015 of 2021 and Crl.M.P.No.2457 of 2021 10.10.2022 4/4