Madras High CourtCRL OP/13437/2021dismissed as infructuous

M.Joana v. The State Rep By

2022-09-09Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA M.Joana ... Petitioner in both Crl.O.Ps Vs.

1.State Rep by The Inspector of Police, Ponneri Police Station, Thiruvallur District.

(Crime No.149/2019) 2.Munusamy ... Respondents in Crl.O.P.No.13437 of 2021 1.State Rep by The Inspector of Police, Ponneri Police Station, Thiruvallur District.

(Crime Nos.148/2019) 2.Murali ... Respondents in Crl.O.P.No.13403 of 2021 PRAYER in both Crl.O.Ps: Criminal Original Petitions are filed under Section 482 of Cr.P.C, to call for the records in Crime Nos.148 & 149 of 2019 pending investigation on the file of the 1st respondent police and to quash in so far as the petitioner (A-2) is concerned.

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In both Crl.O.Ps:

For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.A.Damodaran, APP for R1 C O M M O N O R D E R These Criminal Original Petitions have been filed to call for the records in Crime Nos.148 & 149 of 2019 pending investigation on the file of the 1st respondent police and to quash the same in so far as the petitioner (A-2) is concerned.

2. Heard Mr.R.Thirumoorthy, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the first respondent.

3. When the matter was taken up for hearing today, Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the first respondent submitted that the investigation has been completed and the charge sheets have also been filed.

4. However, the learned counsel for the petitioner submitted that the 2/4

defacto complainant had given statement as against the fourth accused and there is no overtact against him.

5. In such case, it is open to the fourth accused to file a petition for discharge and seek appropriate orders before the Trial Court.

6. In view of the above observations, nothing survives for further consideration in these Criminal Original Petitions and the same are dismissed as infructuous. Consequently, connected miscellaneous petitions are closed. 09.09.2022 Index: Yes/No Speaking / Non Speaking Order gsk To 1.The Inspector of Police, Ponneri Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court of Madras.

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R.N.MANJULA, J.

gsk 09.09.2022 4/4