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Madras High CourtCRL OP(MD)/1835/2021disposed of

Girisankar v. The Inspector Of Police

2021-06-25Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.1835 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.1835 of 2021 CRL.M.P(MD).No.903 of 2021 Girisankar ... Petitioner/Sole Accused No 2 Vs.

1.The Inspector of Police, Swaminathapuram Police Station, Dindigul.

Crime No.811 of 2020.

...1st Respondent/Complainant 2.A.Kavitha Village Administrative Officer, Muthunayakanpatti, Palani Taluk, Dindigul District.

...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the First Information Report in Crime No.811 of 2020 on the file of the first respondent, quash the same, in so far as the petitioner is concerned.

For Petitioners : Mr.Niranjan S.Kumar For R-1 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the entire records pertaining to the First Information Report in Crime No.811 of 2020 on the file of the first respondent, quash the same, in so far as the petitioner is concerned.

2. The case of the petitioner is that on 25.11.2020, the petitioner has transported granites in the Tipper lorry bearing Registration No.KL-09-AG-5927, without getting proper permission from the Government. Hence, the case has been registered against the petitioner.

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

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

Crl.O.P.(MD)No.1835 of 2021

4. The learned Additional Public Prosecutor would submit that after completing the investigation, the complaint was closed as mistake of fact on 17.06.2021 and the closure report has also been filed before the learned Judicial Magistrate, Palani.

5. It is submitted by the learned counsel appearing for the petitioner that by order dated 21.04.2021 in Crl.O.P(MD).No.5708 of 2021, a direction has been issued to the learned Principal Sessions Judge, Dindigul. But, till today, the said order has not been complied with. Therefore, the learned Principal Sessions Judge, Dindigul is directed to comply with the order passed by this Court in Crl.O.P(MD).No.5708 of 2021.

6. Since the complaint was closed as mistake of fact, nothing survives for further adjudication in the present petition. Hence, this Criminal Original Petition stands disposed of with the above directions. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CSIII) // 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 Principal Sessions Judge, Dindigul.

2.The Inspector of Police, Swaminathapuram Police Station, Dindigul.

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

+1 CC to M/s.NIRANJAN S.KUMAR, Advocate ( SR-20345[F] dated 28/06/2021 ) Crl.O.P.(MD)No.1835 of 2021 25.06.2021 KB(06.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2