Duraisamy v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.Nos. 4530 and 4536 of 2020 and Crl.M.P. Nos.2595 and 2600 of 2020 CRL.O.P.No. 4530 of 2020 and Crl. M.P. No. 2595 of 2020 1.Duraisamy, S/o. Ramachandraboopathy.

2.Elangovan, S/o. Duraisamy Both the petitioners are residing at No.1/33, Subbiah Nagar, Thanikuppam, Embalam, ... Petitioners Vs.

2.Venkatesan, S/o. Duraisamy, No.07, Main Road, Chellancherri Post, Thanikuppam, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the entire records in Crime No.98/2019 on the file of the first respondent police herein. Viz., The Station House Officer, Mangalam Police Station, Puducherry, and quash the FIR in the same.

CRL.O.P.No. 4536 of 2020 and Crl. M.P. No. 2600 of 2020 1.Elangovan, S/o. Duraisamy

2.Purushothaman, S/o. Duraisamy Both the petitioners are residing at No.62, Vinayagar Koil Street, Chellancheri, Cuddalore District.

... Petitioners Vs.

2.Venkatesan, S/o. Duraisamy, No.07, Main Road, Chellancherri Post, Thanikuppam, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the entire records in Crime No.63/2018 on the file of the first respondent police herein. Viz., The Station House Officer, Mangalam Police Station, Puducherry, and quash the FIR in the same.

For Petitioners : Mr. D.Senthil Kumar [in both petitions] For Respondent-1 : Mr. V.Balamurugane [in both petitions] Additional Public Prosecutor.

(Puducherry) For Respondent-2: No Appearance [in both petitions] C O M M O N O R D E R These petitions have been filed to call for the entire records in Crime Nos.98 of 2019 and 63 of 2018 on the file of the first respondent and quash the same.

2. Learned Additional Public Prosecutor appearing for the first respondent would submit that the first respondent had completed investigation in Crime No.98 of 2019 and filed final report before Judicial Magistrate No.IV, Puducherry on

14.01.2020 and had completed investigation in Crime No.63 of 2018 and filed final report before Judicial Magistrate No.IV, Puducherry on 15.03.2019.

3. In view of the above submissions, the prayer sought in these petitions have become infructuous. Accordingly, these Criminal Original Petitions are dismissed as infructuous. Consequently, connected miscellaneous petitions are closed. At this juncture, learned counsel for the petitioners would submit that on the very same occurrence, the petitioners have also lodged complaint in Cr.Nos.39 and 63 of 2018 before the first respondent and the same is pending for investigation. Considering the above submission, the first respondent is directed to complete the investigation in Cr. No.39 and 63 of 2018 and file final report, if not already filed, as expeditiously as possible.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 2.The Judicial Magistrate No.IV, 3.The Public Prosecutor, CRL.O.P.Nos. 4530 and 4536 of 2020 and Crl.M.P. Nos.2595 and 2600 of 2020 spd[co] srg 08/10/2020