Madras High CourtCRL OP(MD)/4145/2023dismissed as infructuous

Ajithkumar v. The Deputy Superintendent Of Police

2023-03-07Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P(MD) No.3695 of 2023 Ajithkumar ... Petitioner/2nd Accused Vs.

1. The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Usilampatti, Madurai District.

2. The Inspector of Police, Elumalai Police Station, Madurai District.

(Crime No.227/2022)

...Respondents 1 and 2 /

Complainants

3. Gowtham ...3rd Respondent / Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the FIR in Crime No. 227/2022 dated 24.11.2022 for the offences under Section 294(b), 324, 323 of IPC r/w 3(1)(r), 3(1)(s), 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act 2015, on the file of the 2nd respondent herein and quash the same as illegal in respect of the petitioner concerned.

1/4

For Petitioner : Mr.Ezhilarasu.C For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records relating to the FIR in Crime No.227/2022 dated 24.11.2022 for the offences under Section 294(b), 324, 323 of IPC r/w 3(1)(r), 3(1)(s), 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act 2015, on the file of the 2nd respondent herein and quash the same as illegal in respect of the petitioner concerned.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that the final report has been filed before the Juvenile Justice Board, Madurai, on 19.12.2022 and so far it was not taken on cognizance and the petitioners are appeared before the concerned Juvenile Justice Board for the trial process.

3. Considering the submission made by the learned Additional Public Prosecutor, the concerned Juvenile Justice Board is directed to process the above said final report within the time stipulated as per rules. If the 2/4

petitioners are aggrieved by the contents of the the above said final report, the petitioners are at liberty to workout his remedy through appropriate proceedings.

4. With the above direction, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed. 07.03.2023 NCC:Yes/No Index : Yes/No Internet:Yes/No Indu To

1. The Juvenile Justice Board, Madurai.

2. The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Usilampatti, Madurai District.

2. The Inspector of Police, Elumalai Police Station, Madurai District.

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

3/4

G.ILANGOVAN, J., Indu Crl.O.P.(MD)No. 4145 of 2023 07.03.2023 4/4