Madras High CourtCRL OP(MD)/3249/2021dismissed as infructuous

R.Mayairul v. The Superintendent Of Police

2021-06-23Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN CRL.M.P.(MD).No.1785 of 2021 R.Mayairul ... Petitioner Vs.

1.Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Deputy Superintendent of Police, Keelakarai Sub-Division, Keelakarai, 3.The Inspector of Police, Sayalkudi Police Station, Sayalkudi, ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records on the file of the second respondent impugned summon vide Na.Ka.No.G4/32207/283/2020 dated 09.12.2020 and quash the same as illegal as devoid of merits. For Petitioner : Mr.Raja Karthikeyan For Respondents : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records on the file of the second respondent impugned summon vide Na.Ka.No.G4/32207/283/2020 dated 09.12.2020 and quash the same as illegal as devoid of merits.

2. The case of the petitioner is that there was a dispute between the petitioner and the defacto complainant namely Karthick. Therefore, the defacto complainant has given a representation before the Deputy Inspector General of Police, Ramanathapuram, in order to prevent the petitioner from getting selection to the post of Police 1/3

Constable. Based on the representation given by the defacto complainant, the second respondent herein has issued summon to the petitioner for enquiry and he had also appeared for enquiry. But the procedure adopted by the second respondent is unknown to the code. Hence, the petitioner has approached this Court, by way of this petition.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the case in Crime No.29 of 2020 has been registered on the file of the second respondent Police and the final report was also filed before the learned Judicial Magistrate, Kadaladi, wherein, this petitioner has not been arrayed as an accused. Therefore, this petition has become infructuous.

5. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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 Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Deputy Superintendent of Police, Keelakarai Sub-Division, Keelakarai, 2/3

3.The Inspector of Police, Sayalkudi Police Station, Sayalkudi, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

23.06.2021 KK(30.06.2021) 3P 5C 3/3