Madras High CourtCRL OP/8806/2019dismissed as infructuous

D.Sanghupathi v. The State Represented By

2019-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8806 of 2019 and Crl.M.P.No.4656 of 2019 D.Sanghupathi ... Petitioner/Accused No.4 Vs.

1.The State Represented by, Inspector of Police, Madhavaram Police Station, Chennai - 7.

(Crime No.139 of 2019).

... 1st Respondent/Complainant 2.Loganathan ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records relating to the First Information Report in Crime No.139 of 2019, on the file of the Inspector of Police, Madhavaram Police Station, Chennai and to quash the same.

For Petitioner : Mr.C.Prabakaran For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.V.Karthikeyan

O R D E R

This petition has been filed to quash the FIR in Crime No.139 of 2019, on the file of the 1st respondent police, for offences under Sections 406, 465, 468, 471 and 420 of IPC, as against the petitioner.

2.The learned Additional Public Prosecutor would submit that FIR in Crime No.139 of 2019 pending on the file of the 1st respondent police has been enquired and the same was closed on 16.04.2019 as 'Mistake of Fact' and the closure report has also been filed before the learned Judicial Magistrate, Thiruvotriyur. https://hcservices.ecourts.gov.in/hcservices/

3.Recording the said submission made by the learned Additional Public Prosecutor, this petition is dismissed as infructous. However, the 1st respondent is directed to serve the R.C.S notice to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the 2nd respondent is at liberty to file a Protest Petition before the concerned Jurisdictional Magistrate. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vv2 To 1.The Inspector of Police, Madhavaram Police Station, Chennai - 7.

2. The Public Prosecutor, High Court, Madras.

3. do through The Chief Judicial Magistrate, Thiruvotriyur.

4. The Judicial Magistrate, Thiruvotriyur.

+1 cc to Mr.C.Prabakaran, Advocate Sr.No.41697 Crl.O.P.No.8806 of 2019 svi(co) CSL/12.06.2019 https://hcservices.ecourts.gov.in/hcservices/