Madras High CourtCRL RC/237/2013dismissed with liberty

Murugesan v. The Insector Of Police

2018-09-04Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.237 of 2013 Murugesan ... Petitioner Vs.

1. The Inspector of Police Mahalingapuram Police Station In Cr.No.572 of 2011.

2. M.Venkatesan (Impleaded the 2nd respondent as per order of this Hon'ble Court dated 05.09.2014 in M.P.No.1 of 2014) ... Respondents PRAYER : Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C. to set aside the order dated 25.06.2012 made in C.M.P.No.1895 of 2012 in Crime No.572 of 2011, on the file of the Judicial Magistrate No.II, Pollachi.

For Petitioner :Mr.K.S.Karthik Raja For Respondents:Mr.R.Ravichandran Government Advocate (Crl. Side) For R1

ORDER

The present Criminal Revision is filed to set aside the order dated 25.06.2012 made in C.M.P.No.1895 of 2012 in Crime No.572 of 2011, on the file of the Judicial Magistrate No.II, Pollachi.

2. When the matter is taken up for hearing today, the learned Government Advocate appearing for the 1st respondent submitted that investigation is pending and charge sheet is not filed. Since, investigation not yet completed and charge sheet has not yet been filed, the petition under Section 451 is not maintainable.

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3. Therefore, the Criminal Revision is dismissed. However, the petitioner is given liberty to file fresh petition after completing investigation and filing of final report. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar jer To

1. The Inspector of Police Mahalingapuram Police Station Pollachi.

2. The Public Prosecutor Madras High Court.

3.The Judicial Magistrate No.II, Pollachi.

Crl.RC.No.237 of 2013 rj(co) nr 28/09/2018 https://hcservices.ecourts.gov.in/hcservices/