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Madras High CourtCRL OP(MD)/3458/2021dismissed as infructuous

Halikalavudeen v. The Inspector Of Police

2023-04-28Honourable Mrs Justice R. Tharani2 pages

Crl.O.P(MD).No.3458 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2023

CORAM:

THE HONOURABLE MRS. JUSTICE R.THARANI Crl.O.P(MD).No.3458 of 2021 and Crl.M.P.(MD)No.1903 of 2021 1.Halik Alavudeen 2.Thoulath Noorya 3.Ajmal Khan

...Petitioners

Vs 1.State By Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(Crime No.122 of 2021) 2.Noor Mohamed

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the records relating to the Crime No.122 of 2021 on the file of the first respondent police and quash the same so far as the petitioner are concerned.

For Petitioners : No Appearance For 1st Respondent : Mrs.M.Aasha Government Advocate (Crl. Side) For 2nd Respondent : Mr.D.Rameshkumar

ORDER

This petition is filed to quash the FIR in Crime No.122 of 2021 on the file of the 1st respondent police.

https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P(MD).No.3458 of 2021 R. THARANI,J.

Mrn 2.On the side of the prosecution, it is stated that the FIR was closed as 'mistake of fact' and that RCS notice was also served on the defacto complainant. A report was submitted before the learned Judicial Magistrate No.II, Ramanathapuram.

3.In view of the submission made by the prosecution, nothing survives for adjudication in this petition. Hence, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

28.04.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn To 1.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

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

Crl.O.P(MD).No.3458 of 2021 https://www.mhc.tn.gov.in/judis 2/2