Madras High CourtCRL OP(MD)/2386/2020dismissed as infructuous

Neeraj M. Jeya Kumar v. The Inspector Of Police

2021-12-15Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.2386 of 2020 Neeraj M Jeya Kumar ... Petitioner/Defacto Complainant Vs.

The State represented by The Inspector of Police, S.S.Police Station, Madurai City.

... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to file a final report in Cr.No.416 of 2019 before the Lower Court within stipulated time fixed by this Court.

For Petitioners : Mr.L.Victorial Gowri For Respondents : Mr.S.Manikandan Government Advocate (Crl.Side)

ORDER

This petition is filed to direct the second respondent to file a final report in Cr.No.416 of 2019 pending on the file of the second respondent police within a time stipulated by this Court.

2. The petitioner is the defacto complainant in Crime No.416 of 2019, which was registered for the offence under Section 379 of IPC. 3.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) would submit that the investigation was completed and final report was filed before the concerned Magistrate Court as 'further action dropped' finding that as per the statement of the defacto complainant that the offence could not have been taken place as mentioned in the complaint. So, it has been closed and RCS notice has also been served upon the petitioner. 4.Since the case has been closed as 'further action dropped' and final report was filed before the concerned Magistrate Court, this petition has become infructuous.

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5.Accordingly, this Criminal Original Petition is dismissed as infructuous and the petitioner may workout his remedy through appropriate proceedings.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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 Inspector of Police, S.S.Police Station, Madurai City.

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

Crl.O.P.(MD)No.2386 of 2020 15.12.2021 MGJ(29.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2