Ganesan v. M.Palaniyappan (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2024

CORAM

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Crl.O.P.No.7856 of 2024 and Crl.M.P.Nos.5746 and 5747 of 2024

1. Ganesan

2. Selvi

3. Prabhushankar

4. P.Palaniyappan

5. P.Rajan

6. Saranya Devi

7. R.Balamurugan

8. S.Selvaraj

9. Nallamuthu

10. P.Easwaran .... Petitioners

Versus

1. M.Palaniyappan (Died)

2. Chinna Thangam

3. The Sub-Inspector of Police, Mallasamudram Police Station, Tiruchengode, Namakal District.

.... Respondents -1-

Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to P.R.C.No.25 of 2023 in C.C.No.5 of 2023 on the file of the learned Judicial Magistrate, Tiruchengode, Namakkal District and quash the same.

For Petitioners : Mr.V.S.Kesavan For 3rd Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) R1 and R2 - Died - - - - -

ORDER

The present Criminal Original Petition is filed to quash the private complaint taken on file by the Judicial Magistrate under Section 200 Cr.P.C.

2. It is submitted that the defacto complainant namely, Palaniyappan died and his wife was brought on record to pursue the complaint. Now his wife namely, Chinna Thangam also died and no steps have been taken to pursue the matter further. Hence, notice to the second respondent returned with an endorsement 'unnerved'. -2-

3. Recording the said fact, the petition to quash stands dismissed with liberty to the petitioners herein, if in case, the legal heir of the defacto complainant wants to pursue the matter and the trial Court permits the said application, the petitioners can revive the petition for quash. 18.07.2024 asi To

1. The Sub-Inspector of Police, Mallasamudram Police Station, Tiruchengode, Namakal District.

2. The Public Prosecutor, High Court of Madras, Chennai.

-3-

DR.G. JAYACHANDRAN, J.

asi Crl.O.P.No.7856 of 2024 18.07.2024 -4-