S.Giriraj v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Mr.S.Giriraj (M Aged 72 years), Son of Sundaramoorthy, No. 17, Visvanathapuram, 3rd Street, Kodambakkam, Chennai-600024.

... Petitioner/Defacto complainant /versus/

1. State Rep. by;

The Inspector of Police (L&O) R-2, Kodambakkam Police Station, Chennai -600024.

...Respondent/Complainant

2. Mr. Kishore Kumar, aged 46 years, Son of Giriraj, No. 17, Visvanathapuram, 3rd Street, Kodambakkam, Chennai-600024.

... Respondent/Accused PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to set aside the order dated 16.02.2024 in B.FIR No. 91/2024 in Crime No.36 of 2024 passed by the XVII Metropolitan Magistrate, Saidapet, Chennai. For Petitioner : Mr.Praveen Alexander For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor.

For R2 : Mr.C.P.Palanichamy

O R D E R

This petition has been filed to set aside the order dated 16.02.2024 in B.FIR No.91/2024 in Crime No.36 of 2024 passed by the XVII Metropolitan Magistrate, Saidapet, Chennai.

2. On instructions, Mr.A.Gokulakrishnan, Learned Additional Public Prosecutor for the 1st respondent submits that charge sheet has now been laid in B.FIR No.91 of 2024 and the trial Court has taken cognizance in C.C.No.1804 of 2024 on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai.

3. Therefore, the challenge to the rejection of remand cannot be questioned now, since no purpose would be served.

4. Accordingly, this Criminal Original Petition is dismissed. 05.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order

To, 1.The XVII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police (L&O) R-2, Kodambakkam Police Station, Chennai -600024.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

bsm 05.02.2025