Madras High CourtCRL OP(MD)/407/2018disposed of

Nandagopal v. The Sub Inspector Of Police

2018-01-10Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD)No.407 of 2018 and Crl.M.P.(MD) No.163 of 2018 Nandagopal ... Petitioner vs.

1.The State Represented by Sub-Inspector of Police, Aravakurichi Police Station, Karur District.

(Crime No.150/2016) 2.Rajula ... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.150 of 2016 on the file of the Sub Inspector of Police, Aravakurichi Police Station, Karur District and quash the same. For Petitioner : Mr.K.Prabhu For R1 : Mr.Prabhu Ramachandran Government Advocate (Crl.Side) For R1 : No appearance

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.150 of 2016 on the file of the Sub Inspector of Police, Aravakurichi Police Station, Karur District and to quash the same.

2.The learned counsel for the petitioner has submitted that already a civil dispute is pending between the parties and that being so, it is not open to the first respondent to register a case under Sections 294(b) and 506(i) IPC.

3.The learned Government Advocate (Crl.Side) has submitted that after investigation charge sheet has been filed before the Judicial Magistrate No.II, Karur, but, so far the case has not been taken on file.

4.Recording the aforesaid submissions, the learned Judicial Magistrate No.II, Karur, is directed to verify whether a charge sheet has been filed already. If charge sheet has been filed https://hcservices.ecourts.gov.in/hcservices/

already, then the learned Judicial Magistrate No.II, Karur has to take the case on file and proceed further, in accordance with law. Sd/- Assistant Registrar(Crl side) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Karur.

2.The Sub-Inspector of Police, Aravakurichi Police Station, Karur District.

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

Crl.O.P.(MD)No.407 of 2018 and Crl.M.P.(MD) No.163 of 2018 10.01.2018 mm KK/SKN RSK/SAR1/07.02.2018/ 2P- 4C/ https://hcservices.ecourts.gov.in/hcservices/