C.Shanmuga Sundara Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD)No.2392 of 2023 1.C.Shanmuga Sundara Raja 2.Muthu Prati ... Petitioners Vs.

1.State represented by The Inspector of Police, Eral Police Station, Thoothukudi District.

2.Paulkani ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in FIR in Crime No.204 of 2022 dated 01.09.2022 pending on the file of the first respondent police as against the petitioners and quash the same. 1/4

For Petitioners : Mr.G.Thalaimutharasu For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records in FIR in Crime No. 204 of 2022 dated 01.09.2022 pending on the file of the first respondent police as against the petitioners and quash the same.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the first respondent would submit that investigation has already been completed and final report has been filed before the concerned Court as 'Mistake of Fact'. He would further submit that RCS notice was not served on the second respondent/defacto complainant.

3. In view of the above said development, this petition has become infructuous. Hence, this Criminal Original Petition stands dismissed as 2/4

infructuous. Consequently, connected Miscellaneous Petition is closed. However, the first respondent is directed to serve RCS notice to the second respondent/defacto complainant.

14.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm/lr To 1.The Inspector of Police, Eral Police Station, Thoothukudi District.

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

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G.ILANGOVAN ,J.

csm/lr Order made in and Crl.M.P.(MD)No.2392 of 2023 Dated: 14.02.2023 4/4