Madras High CourtCRL OP(MD)/4245/2021dismissed as infructuous

K.Rajendran v. The Inspector Of Police

2021-06-14Honourable Mr Justice G.Ilangovan2 pages

CRL.O.P(MD).No.4245 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.06.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN CRL.O.P(MD).No.4245 of 2021 CRL.M.P.(MD).No.2370 of 2021 K.Rajendran ... Petitioner Vs.

1.The Inspector of Police, Samayanalur Police Station, Madurai District.

2.Paulraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records vide FIR in Crime No.14 of 2013 pending on the file of the 1st respondent and to quash the same.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records vide FIR in Crime No.14 of 2013 pending on the file of the 1st respondent and to quash the same.

2. The case of the prosecution is that the petitioner is working as Driver for the past 33 years with the Tamil Nadu State Transport Corporation, Sipcot Branch. During that time, he was allotted to drive the vehicle bearing Registration No.TN 58 N 1913 and taken the vehicle from Thirupur towards Madurai. When a bus was nearing Samayanalur Paravai Meenatchi Mill, a Mahindra van came from a opposite direction in a rash and negligent manner, without following traffic rules and dashed against the left side of the petitioner's bus. Without being conducted any enquiry, the police officials has registered FIR in Crime No.14 of 2013 against the petitioner under Sections 279, 337 & 304(A) of IPC. Hence, the present petition has been filed.

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CRL.O.P(MD).No.4245 of 2021

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

4. The learned Additional Public Prosecutor submitted that the investigation was completed and the final report was filed before the Judicial Magistrate No.4, Madurai on 25.04.2015 itself, the same was not taken on file so far.

5. Since the Final Report has been filed, nothing survives for further consideration in this petition. Recording the submission made by the learned Additional Public Prosecutor, this petition is dismissed as infructuous. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) Note:(i) 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, Samayanalur Police Station, Madurai District.

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

+1 CC to M/s.G.M.XAVIER, Advocate ( SR-19304[F] dated 15/06/2021 ) CRL.O.P(MD).No.4245 of 2021 14.06.2021 AS(28.06.2021) P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2