Madras High CourtCRL OP(MD)/5093/2019dismissed

Nikil Surya v. The Sub 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.5093 of 2019 and CRL.M.P.(MD)No.3179 of 2019 1.Nikil Surya 2.Ajay ... Petitioners / Accused Nos.5 and 8 Vs.

1.The Sub-Inspector of Police, Nagudi Police Station, Pudukkottai District.

(Crime No.24 of 2019) ... 1st Respondent / Complainant 2.Vijayprabakaran ... 2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the case in Crime No.24 of 2019 on the file of the first respondent and quash the same.

For Petitioners : Mr.M.Suresh 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.24 of 2019 on the file of the respondent police.

2.The case of the prosecution is that on 18.01.2019 at about 09.00 a.m., the defacto complainant / second respondent, his friend Vigneshwaran sat at Pillaiyarkovil, at that time the petitioners and other accused came to the occurrence place in the two wheelers and scold the defacto complainant and others by using his caste name and also abused filthy language, that was questioned by the defacto complainant / second respondent herein. Due to that the accused Nos.1 to 4 and 7 are attacked the defacto complainant / second respondent and his friends with wooden logs. Hence, this complaint has been lodged before the respondent police.

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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.24 of 2019 has been completed and charge sheet is yet to be filed. 4.In view of the above, nothing survives in this petition. Accordingly, this criminal original petition is dismissed. However, liberty is granted to the petitioners to work out the remedy in the manner known to law. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Sub-Inspector of Police, Nagudi Police Station, Pudukkottai District.

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

+1 CC to M/s.M.SURESH, Advocate ( SR-60001[F] dated 09/04/2019 ) MYR CRL.O.P.(MD)No.5093 of 2019 08.04.2019 KM/(22.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/