Madras High CourtCRL OP(MD)/3935/2023closed

Lingaraj v. Murugan

2023-07-11Honourable Dr Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Lingaraj ... Petitioner/Accused Vs.

1.Murugan 2.The Inspector of Police, Kottar Police Station, Nagercoil, Kanyakumari District ... Respondents (R2 is impleaded as per orders of the court dated 09.03.2023 in Crl.O.P(MD)No.3992 of 2023 and Crl.O.P(MD)No.3935 of 2023 by GIJ) PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to set aside the order dated 20.10.2022 made in Crl.M.P.No. 10080 of 2022 passed by the learned Judicial Magistrte No.II, Nagercoil. For Petitioner : Mr.T.Selvakumaran For R1 : Mr.C.Aravindhan For R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor O RDER This Criminal Original Petition is filed questioning the order passed by the learned Judicial Magistrate No.II, Nagercoil, in 1/4

Crl.M.P.No.10080 of 2022 dated 20.10.2022 forwarding the complaint of the 1st respondent to the 2nd respondent police for investigation under Section 156(3) Cr.P.C.

2. It is submitted by the learned counsel appearing for the 1st respondent that in pursuance of referring the complaint of the 1st respondent to the 2nd respondent police for registration of First Information Report, the 2nd respondent police has registered a case against the petitioner in Crime No.62 of 2023 for the offences punishable under Sections 341, 494(b), 323 and 506(2) IPC.

3. It is submitted by the learned counsel for the petitioner/accused that after filing of the petition, the 2nd respondent police has registered the case even though there are orders granted by this Court against the 2nd respondent police to register the case.

4. Since a First Information Report has already been registered, the very purpose of filing this petition has become infructuous. However, the petitioner is at liberty to challenge the First Information Report, if it is advised so.

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5. With the above observation, this Criminal Original Petition is closed.

Index : Yes/No 11.07.2023 Internet : Yes/No CM To

1. The Inspector of Police, Kottar Police Station, Nagercoil, Kanyakumari District.

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

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DR.D.NAGARJUN. J.

CM 11.07.2023 4/4