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Madras High CourtCRL OP(MD)/4628/2023dismissed as infructuous

Dains @ Danish Pesani v. The Inspector Of Police

2023-03-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P(MD) No.4051 of 2023 Danis @ Danish Pesani ... Petitioner/Alleged Accused No.7 Vs.

1. State Represented by The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

(Crime No.587/2020) ... 1st Respondent / Complainant

2. Jackson ... 2nd Respondent / Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case registered in First Information Report in Crime No.587 of 2020 on the file of 1st Respondent and quash the same as illegal as far as the petitioner is concerned. For Petitioner : Mr.G.Anto Prince For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the case registered in First Information Report in Crime No.587 of 2020 on the file of 1st Respondent and quash the same as illegal as far as the petitioner is concerned.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents would submit that investigation has already been completed and charge sheet has been filed before the Judicial Magistrate I, Nagercoil.

3. Considering the submission made by the learned Government Advocate (Criminal Side), the trial Court is directed to process the above said charge sheet within the time stipulated as per rules. If the petitioner is aggrieved by the contents of the the above said Charge Sheet, the petitioner is at liberty to workout his remedy through appropriate proceedings. 2/4

4. With the above direction, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed. 13.03.2023 Index : Yes/No Internet:Yes/No Indu To

1. The Inspector of Police Kanyakumari Police Station, Kanyakumari District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J., Indu Crl.O.P.(MD)No. 4628 of 2023 13.03.2023 4/4