Madras High CourtCRL OP(MD)/5008/2019dismissed

Mohamed Rafeeq, v. The Inspector Of Police

2019-04-08Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2019

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.(MD)No.5008 of 2019 and CRL.M.P.(MD)No.3155 of 2019 Mohamed Rafeeq ... Petitioner / Accused No.2 Vs.

1.The State represented by The Inspector of Police, Kalakkad Police Station, Tirunelveli District.

(Crime No.291 of 2018) ... 1st Respondent / Complainant 2.Muruganantham ... 2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records of the case in Crime No.291 of 2018 on the file of the first respondent police and quash the same with regard to this petitioner. For Petitioner : Mr.S.Saravagan Prabu For R1 : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side).

ORDER

This petition is filed to quash the case in Crime No. 291 of 2018 on the file of the first respondent police. 2.The case of the prosecution is that when the second respondent was taking tea at the first accused's tea stall on 02.09.2018 at about 07.45 p.m., the petitioner herein and the first accused had parked their two wheeler by giving hindrance to public traffic. The same was questioned by the second respondent / defacto complainant herein and he requested them to park their two wheeler without giving hindrance to the public. Subsequently, the petitioner and the first accused abused and attacked the second respondent / defacto complainant and gave life threat to him. Hence, this complaint has been lodged before the respondent police. 3.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the first respondent submits that investigation in Crime No.291 of 2018 has been completed and charge sheet is yet to be filed. https://hcservices.ecourts.gov.in/hcservices/

4.In view of the above, nothing survives in this petition. Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS ) To

1. The Inspector of Police, Kalakkad Police Station, Tirunelveli District.

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

CRL.O.P.(MD)No.5008 of 2019 08.04.2019 SP/30.04.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/