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Madras High CourtCRL OP(MD)/8281/2014dismissed as infructuous

V.T. Alexander,S/O.V.T. Thomas v. The Sub Inspector Of Police

2018-02-20Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)Nos.8281 & 8282 of 2014 and MP(MD)Nos.1 & 1 of 2014 CRL.O.P.(MD)No.8281 of 2014 V.T.Alexander ... Petitioner / Sole accused -VsState of Tamil Nadu represented by

1. The Sub- Inspector of Police, Thiruvattar, (Crime No.29 of 2014I

2. The Inspector of Police, Thiruvattar, Kanyakumari District. ... Respondents/Complainant

3. P.Maheswari Village Administrative Officer, Aattoor Villare, Kalkulam Taluk, ... Respondent/Defacto complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in Cr.No.29 of 2014 on the file of the respondent police and quash the same as against the petitioner.

CRL.O.P.(MD)No.8282 of 2014 1.V.T.Alexander 2.N.Nesiyan ... Petitioners -VsState of Tamil Nadu represented by

1. The Sub- Inspector of Police, Thiruvattar Post, Kanyakumari District. ... 1st Respondent/ Defacto complainant

2. The Inspector of Police, Thiruvattar Post, (Crime No.43 of 2014) ... Respondent/Police complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in Cr.No.43 of 2014 on the file of the respondent police and quash the same as against the petitioner.

For Petitioners : Mr.S.Titus (in both petitions) For RR- 1 & 2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) (in both petitions) C O M M O N

O R D E R

These Criminal Original Petitions have been filed to call for the records relating to the case in Cr.Nos.29 and 43 of 2014 on the file of the respondent police and quash the same as against the petitioners in each petition.

2.Heard both sides.

3.When these cases are taken up for hearing, the learned Government Advocate (Crl.Side) has submitted that in both the cases, after completing the investigation, charge-sheets have been filed before the learned Judicial Magistrate, Padmanabhapuram, but the same were not yet taken on file.

4.Recording the aforesaid submission made by the learned Government Advocate (Crl.Side), these Criminal Original Petitions are dismissed as infructuous. However, the learned Judicial Magistrate, Padmanabhapuram is directed to verify as to whether charge-sheets have already been filed in Cr.Nos.29 and 43 of 2014 on the file of the respondent police and then, he has to take both the cases on file without further delay. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar

To

1. The Judicial Magistrate, Padmanabapuram.

2. The Sub- Inspector of Police, Thiruvattar,

3. The Inspector of Police, Thiruvattar, Kanyakumari District.

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

vs MV:SV-MMS:SAR1:28/03/2018/2P/5C .

CRL.O.P.(MD)Nos.8281 & 8282 of 2014 and MP(MD)Nos.1 & 1 of 2014 20.02.2018 20.02.2018