Madras High CourtCRL OP(MD)/1346/2022disposed of

Fatima v. The Inspector Of Police

2022-01-27Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1346 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1346 of 2022 and Crl.M.P.(MD)No.998 of 2022 Fathima ... Petitioner/ Accused No.5 Vs.

1.The State rep. by The Inspector of Police, Sipcot Police Station, Thoothukudi District.

(Crime No.279 of 2010) ... Respondent No.1/Complainant 2.Sivan ... Respondent No.2/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records pertaining to the impugned First Information Report in Crime No.279 of 2010 on the file of the respondent No.1 police station and quash the same as against the petitioner/Accused No.5 concerned. For Petitioner : Mr.Henri Tiphagane For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

O R D E R

This criminal original petition has been filed to quash the impugned FIR .

2.The petitioner is figuring as A5 in Crime No.279 of 2010 on the file of Sipcot Police Station, Thoothukudi District. 3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the learned Judicial Magistrate No.III, Thoothukudi, invoking her powers under Section 468 of CrPC closed the case as early as on 30.10.2018 itself in L.F.No.182 of 2018. Since this will operate as an acquittal, no further orders are necessary.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1346 of 2022 4.This criminal original petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (T&P) // 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 Judicial Magistrate No.III, Thoothukudi. 2.The Inspector of Police, Sipcot Police Station, Thoothukudi District.

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

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-2692[F] dated 27/01/2022 ) Crl.O.P(MD)No.1346 of 2022 27.01.2022 RD(16.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2