Madras High CourtCRL OP(MD)/3339/2021disposed of

M.S.K.Dhandapani @ Thangaraj v. The Inspector Of Police

2023-10-13Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 13.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.3339 of 2021 and Crl.M.P(MD) No.1839 of 2021 M.S.K.Dhandapani @ Thangaraj ... Petitioner/Accused No.2 Vs.

1.The State Rep. by Inspector of Police, District Crime Branch, Kanyakumari District.

... Respondent /Complainant 2.Basheer Ahamed ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to pass an order calling for the records in Crime No.55 of 2011 on the file of the 1st respondent police, District Crime Branch, Nagercoil, Kanyakumari District and quash the same with regard to the petitioner. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor for R1 : Mr.T.Antony Arul Raj for R2

ORDER

This petition has been filed seeking quashment of Crime No.55 of 2011 on the file of the 1st respondent police, District Crime Branch, Nagercoil, Kanyakumari District.

2. The learned Additional Public Prosecutor appearing for the State on instructions, submitted that on the complaint given by the complainant, investigation was conducted. After completion of investigation, final report was filed before the learned Judicial Magistrate No.II, Kuzhithurai, and the same was taken on file in C.C.No.120 of 2021.

3. At this juncture, the learned counsel for the petitioner prayed this Court to give liberty to him to raise all the points before the trial Court.

4. In view of the above, the petitioner is at liberty to raise all the points before the trial Court. The learned trial Judge is directed to dispose the trial on the ground raised by the petitioner.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed.

13.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No dss To 1.The Inspector of Police, District Crime Branch, Kanyakumari District.

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

K.K.RAMAKRISHNAN, J.

dss Crl.O.P.(MD) No.3339 of 2021 and Crl.M.P(MD) No.1839 of 2021 13.10.2023