P. Kalaimony v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2023

CORAM

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.4414 of 2021 and Crl.M.P.No.2480 of 2021 R.Kalaimony ... Petitioners -vs1.State rep. by The Inspector of Police, Aralvaimozhi Police Station, Kanyakumari District Crime No.271/2019 ... 1st respondent 2.Thangaswamy 2nd Respondent / De-facto 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.271/2019 dated 23.10.2019 on the file of the Aralvoimozhi Police Station, Kanyakumari District and quash the same. For Petitioner : Mr.S.Sivakumar For Respondents : Mr.M.Muthumanikkam for R1 Government Advocate (Crl. Side) 1/4

ORDER

This criminal original petition has been filed to quash the FIR in Crime No.271/2019 dated 23.10.2019 on the file of the Aralvoimozhi Police Station, Kanyakumari District.

2. The case has been registered against the petitioner/sole accused for offences under Sections 294(b) and 420 IPC. The allegation levelled against the petitioner herein is that he has cheated the de-facto complainant by not returning the disputed amount.

3. When the matter is taken up for hearing today, the learned Government Advocate (Crl. Side) would submit that upon completion of investigation, the case has been closed as 'Mistake of Fact' and RCS notice has also been served on the 2nd respondent. Recording the same, this petition is closed. Consequently connected Miscellaneous Petition is closed.

28.04.2023 NCC : Yes/No Internet : Yes RR 2/4

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

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K.K.RAMAKRISHNAN, J.

RR Crl.O.P.(MD)No.4414 of 2021 28.04.2023 4/4