Madras High CourtCRL OP(MD)/1047/2022dismissed as infructuous

Thirupathi v. The Sub Inspector Of Police

2022-03-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.1047 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.1047 of 2022 and Crl.M.P.(MD)No.760 of 2022 Thirupathi ... Petitioner/Accused No.2 Vs.

The State, The Sub-Inspector of Police, Ottapidaram Police Station, Thoothukudi District.

(Crime No.228 of 2021) ... Respondent/Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records quash the FIR in Cr.No.228 of 2021 dt.19/10/2021 on the file of Sub Inspector of Police, Ottapidaram Police Station and quash the same.

For Petitioner : Mr.G.Thalaimuthuarasu For Respondent : Mr.B.Thanga Aravindh, Government Advocate, (Criminal Side)

ORDER

This Criminal Original Petition has been filed to call for the entire records connected with the impugned F.I.R in Crime No. 228 of 2021 on the file of the respondent and quash the same. 2.The learned Government Advocate (Crl.Side) would submit that the respondent police completed investigation in Crime No. 228 of 2021 and also filed final report before the learned District Munsif cum Judicial Magistrate, Vilathikulam, on 16.11.2021 and but, not yet taken on file.

3.Therefore, the prayer sought for in this petition has become infructuous. Accordingly, this Criminal Original Petition is dismissed as infructuous. However, the learned counsel for the petitioner submitted that while admitting this petition, already interim stay was granted by this Court. Hence, the petitioner is at liberty to challenge the final report, in the manner known to law, if so advised. Further, the learned Judicial Magistrate is directed https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1047 of 2022 to take cognizance of the final report in Crime No.228 of 2021, within two weeks, from the date of receipt of a copy of this order, if not taken.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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 District Munsif cum Judicial Magistrate, Vilathikulam

2. The Sub-Inspector of Police, Ottapidaram Police Station, Thoothukudi District.

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

ORDER IN Crl.O.P.(MD)No.1047 of 2022 and Crl.M.P.(MD)No.760 of 2022 11.03.2022 NSN(CO) GC(24.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2