Madras High CourtCRL OP(MD)/1556/2022disposed of

Ilango @ Vinaitheerthan v. The Deputy Superintendent Of Police

2022-01-28Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1556 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1556 of 2022 and Crl.M.P.(MD)No.1126 of 2022 Ilango @ Vinaitheerthan ... Petitioner Vs.

1. The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

2. The Inspector of Police, Poolankurichi Police Station, Thiruppattur Taluk, Sivagangai District.

(Crime No.28 of 2021) ... Respondent/Complainant

3. A.Selvam ... Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the proceedings in Crime No.28 of 2021 on the file of the Poolangurichi Police Station, Sivagangai District.

For Petitioner : Mr.P.Thoothai Muniasamy For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

O R D E R

This criminal original petition has been filed challenging the impugned FIR registered in Crime No.28 of 2021 on the file of the Inspector of Police, Poolankurichi Police Station, Tiruppathur Taluk, Sivagangai District.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that final report was filed before the jurisdictional Court on 28.12.2021. A copy of the final report has also been made available. The jurisdictional Special Court is directed to take a call in the matter within a period of four weeks from the date of receipt of a copy of this order. If the jurisdictional Court decides to take cognizance of the offences, then petitioner can certainly move this Court again challenging the final report.

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Crl.O.P(MD)No.1556 of 2022 3.With such liberty to the petitioner, this criminal original petition is dismissed. The Registry is directed to mark a copy of this order to the learned Special Court for Trial Cases under SC/ST Act (POA), Sivagangai.

Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar (ACCOUNTS) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

2. The Inspector of Police, Poolankurichi Police Station, Thiruppattur Taluk, Sivagangai District.

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

Copy to:

The Sessions Judge, Special Court for Trial Cases under SC/ST Act (POA), Sivagangai.

Crl.O.P(MD)No.1556 of 2022 28.01.2022 USK/23.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2