Madras High CourtCRL OP(MD)/4742/2022dismissed as infructuous

Matheswaran v. The Inspector Of Police

2022-03-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.4742 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.4742 of 2022 in Crl.M.P(MD)No.3329 of 2022

1. Matheswaran

2. Ponlakshmi ... Petitioners/ Accused Nos.1 & 2 Vs.

1. The State represented by The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

(Crime No.749 of 2021) ... 1st Respondent/ Complainant

2. A.Devagi ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.749 of 2021 dated 23.12.2021 on the file of the first respondent Police, for the offences under Sections 294(b), 323 and 354 of IPC and quash the same as illegal as against the petitioner alone.

For Petitioners : Mr.R.Anandharaj For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side) for R.1

ORDER

This Criminal Original petition has been filed to quash the proceedings in Crime No.749 of 2021 on the file of the first respondent police.

2. The learned Government Advocate (Criminal Side) would submit that the respondent police completed investigation in Crime No.749 of 2021 and also filed final report before the learned Judicial Magistrate, Papanasam, on 06.01.2022 itself.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4742 of 2022

3. Therefore, the prayer sought for in this petition has become infructuous. This Criminal Original Petition is dismissed as infructuous. However, the petitioners are at liberty to challenge the final report. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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.

1. The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

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

+1 CC to M/s.R.ANANDHARAJ, Advocate ( SR-11664[F] dated 11/03/2022 ) Crl.O.P(MD)No.4742 of 2022 in Crl.M.P(MD)No.3329 of 2022 11.03.2022 RK(23/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2