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Madras High CourtCRL OP(MD)/10482/2015dismissed

M.Kariamalsamy v. Murugan

2018-10-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.10482 of 2015 M.Kariamalsamy ... Petitioner / Petitioner / De-facto Complainant Vs.

1.Murugan 2.Uma Sankari

...Respondents / Respondents /

Accused Nos.1 and 2 3.The Superintendant of Police, Thoothukudi District, Thoothukudi.

4.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

...Respondents / Respondents /

Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the order passed by the learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi District in Cr.M.P.No.4434 of 2015 vide his order dated 02.06.2015 and set aside the same and consequently direct the above said learned Magistrate to forward the above said complaint to the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District under Section 156(3) Cr.P.C. so as to register an F.I.R.

For Petitioner : Mr.Gunasekaran For R3 & R4 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side) For R2 : Mr.R.Anand

O R D E R

This Criminal Original Petition has been filed to set aside the order passed by the learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi District, in Cr.M.P.No.4434 of 2015, dated 02.06.2015 and consequently direct the above said learned Magistrate to forward the above said complaint to the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District under Section 156(3) Cr.P.C. so as to register the First Information Report. 2.The learned Government Advocate (Crl. side) appearing for the first respondent on instructions would submit that based on the complaint given by the petitioner, a case was registered in Crime https://hcservices.ecourts.gov.in/hcservices/

No.536 of 2018, before the concerned Police Station. 3.Recording the said submission made by the learned Government Advocate (Crl. side), since the prayer sought for in this petition has become infructuous and the same stands dismissed as infructuous.

Sd/ Assistant Registrar(Criminal Side) /True copy/ Sub Assistant Registrar(CS-II) To 1.The Judicial Magistrate No.II, Kovilpatti, Thoothukudi District.

2.The Superintendant of Police, Thoothukudi District, Thoothukudi.

3.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD).No.10482 of 2015 30.10.2018 TSG KK/RSK/SAR-2/27.12.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/