Sankar v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.11.2020

CORAM:

THE HONOURABLE MR. JUSTICE R. PONGIAPPAN Crl.O.P.No.23697 of 2019 & Crl.M.P.No.12471 of 2019 Sankar .. Petitioner Vs.

1.State: Inspector of Police, E1, Ponneri Police Station, Thiruvallur District.

2.P.Mani .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in Crime No.8 of 2015 on the file of the Inspector of Police, E1 Ponneri Police Station, Thiruvallur District and quash the same. For Petitioners :

Mr.K.S.Kaviarasu For Respondent 1 :

Mr.S.Karthikeyan Additional Public Prosecutor For Respondent 2 :

Mr.A.M.Rajamath Ali

O R D E R

This Criminal Original Petition has been filed seeking for the relief to quash the FIR which was registered in Crime No.8 of 2015 on the file of the first respondent as illegal.

2. Heard Mr.K.S.Kaviarasu, learned counsel appearing for the petitioner, Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the first respondent and Mr.A.M.Rajamath Ali, learned counsel appearing for the second respondent.

3. Today when the petition is came up for hearing, learned Additional Public Prosecutor appearing for the first respondent police on instructions would submit that in respect of petition mentioned crime number i.e., Crime No.8 of 2015, the first respondent police completed the investigation and filed final report before the learned Judicial Magistrate No.2, Ponneri on 27.10.2020.

4. Hence, in view of the same, this Court comes to the conclusion that the petition filed by the petitioner becomes infructuous.

5. However, the learned counsel appearing for the petitioner would contend that the petitioner being a law graduate, due to the pendency of the above mentioned case, struggling very much in getting enrollment for the past seven years. Accordingly, he prayed for the earlier disposal of the said case.

6. Now on considering the request made by the counsel for the petitioner, this Court directs the learned Judicial Magistrate No.2, Ponneri to take the case on file within three days from the date of receipt of a copy of this Order and also directs to dispose the same within a period of three months from the date of taking cognizance. Both the parties are directed to cooperate with the Trial.

7. With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar nl

To 1.The Inspector of Police, E1, Ponneri Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court, Madras.

Copy to 3 The Judicial Magistrate No.2, ponneri.

Crl.O.P.No.23697 of 2019 MG(CO) KP(20/01/2021)