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Madras High CourtCRL OP(MD)/2279/2018dismissed as infructuous

Mohamed Mustafa v. The Inspector Of Police

2018-02-26Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2018

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM Crl.O.P.(MD)No.2279 of 2018 and Crl.M.P.(MD).No.1038 of 2018 Mohamed Mustafa ... Petitioner/Accused No.2 Vs.

1. State through The Inspector of Police, Kadayam Police Station, Tirunelveli District.

In Crime No.261 of 2017 ... Respondent/Complainant 2.Esakki ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in Crime No.261 of 2017 under Sections 420, 294(b) and 506(ii) of IPC pending investigation on the file of the 1st respondent Police and quash the same against the petitioner. For Petitioner : Mr.R.Aravind Raj For Respondent 1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the accused No.2 to quash the FIR in Crime No.261/2017 on the file of the first respondent. 2.The learned Government Advocate (Crl. Side) has submitted that already charge sheet has been filed on 27.12.2017 before the Judicial Magistrate, Ambasamudram. So far the case has not been taken on file.

3.Recording the aforesaid submissions this petition is dismissed as infructuous. The Judicial Magistrate, Ambasamudram is directed to verify, if already charge sheet has been filed, he has to take the case on file without further delay. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Judicial Magistrate, Ambasamudram.

2. The Inspector of Police, Kadayam Police Station, Tirunelveli District.

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

+1CC TO Mr.R.Aravind Raj, Advocate SR.No.51580 TM VB/KK/SAR4/15/03/2018/2P/5C Crl.O.P.(MD)No.2279 of 2018 and Crl.M.P.(MD).No.1038 of 2018 26.02.2018 https://hcservices.ecourts.gov.in/hcservices/