Madras High CourtCRL OP/23025/2013closed

Saravanan Govindan v. The Inspector Of Police

2016-12-21Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2016

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.23025 of 2013 and M.P.No.1 of 2012 Saravanan Govindan .. Petitioner Vs 1.The State of Tamil Nadu rep. by Inspector of Police, Karimangalam Police Station, Dharmapuri District.

2.S.Hema Sankari .. Respondents Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the FIR in Crime No.132 of 2013 on the file of the first respondent police and quash the same.

For Petitioner : Mr.R.Selvakumar For R1 : Mr.C.Emalias, APP For R2 : Mr.S.Thankira

ORDER

The petitioner has filed this Criminal Original Petition to call for the records relating to the FIR in Crime No.132 of 2013 pending on the file of the first respondent police and quash the same.

2. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that the case in Cr.No.132/2013, after completion of investigation, was referred as "Mistake of Fact" and the RCS notice was also served on the defacto complainant, whereas, learned counsel for the second respondent / defacto complainant has seriously disputed the same. However, she seeks permission to file protest petition or private complaint before the court concerned. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above, nothing survives for adjudication in this matter. Hence, recording the submission so made by the learned Additional Public Prosecutor, this Criminal Original Petition is closed. However, liberty is granted to the second respondent / defacto complainant to proceed further in the manner known to law. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rk To 1.The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

2.The Public Prosecutor, High Court, Madras - 104. +1cc to Mr.R. Selvakumar, Advocate, S.R.No.74616 LRS(CO) EU 24.1.17 Crl.O.P.No.23025 of 2013 https://hcservices.ecourts.gov.in/hcservices/