Madras High CourtCRL OP(MD)/4274/2017closed

M.P.Murugesan v. The Inspector Of Police

2017-06-28Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of June Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4274 of 2017 and CRL MP(MD) No.3074 of 2017 M.P.MURUGESAN, S/O.M.BALASUBRAMANIAN ... PETITIONER Vs 1.THE INSPECTOR OF POLICE SOUTH POLICE STATION, TUTICORIN, (CRIME NO.1109 OF 2015) 2.RAGHUNATHAN, S/O.RAMACHANDRAN ... RESPONDENTS Prayer in Crl.OP(MD)No.4274/2017:- Criminal Original is filed under Section 482 of Criminal Procedure Code praying that this Hon'ble Court to call for the records pertaining to the FIR in Crime No.1109 of 2015 on the file of the 1st Respondent .

Order : This Petition coming on for hearing on this day, upon perusing the affidavit and material papers filed, and upon hearing the arguments of M/S.V.MALAIYENDRAN, Advocate for the Petitioner and of Mr.K.ANBARASAN, Government Advocate (Criminal Side) on behalf of the 1st Respondent the Court made the following order:- On 12.04.2017, this Court passed the following order: "This petition has been filed to quash the case in Crime No.1109/2015 on the file of the respondent police.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) for the 1st respondent.

3. It is seen that the alleged incident had taken place in the year 2014 in respect of which, a complaint itself has been given only in the year 2015. The de-facto complainant has not suffered any injuries. Thus, the entire allegations appear to be unbelievable. The respondent police is directed to complete the investigation and either close the case or take action in accordance with law and report to this Court.

4. With the above direction, this criminal original petition is disposed of.

Consequently connected Miscellaneous Petition is closed.

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5. The Registry is directed to list this matter 'for reporting compliance' on 14.06.2017."

2. Today, Mr.C.Vairavan, Special Sub Inspector of Police, South Police Station, Thoothukudi, is present before this Court.

3. The learned Government Advocate (Crl. side) submitted that the investigation in Crime No.1109/2015 has been completed and the case has been closed as 'Mistake of Fact' on 20.05.2017. Recording the same, this petition is closed.

Sd/- Assistant Registrar(T&P) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE SOUTH POLICE STATION, TUTICORIN, 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +One cc to Mr.V.MALAIYENDRAN, Advocate, SR.No.621207 RL/4C/2P/KK/SAR2/18/8/2017 ORDER Date :28/06/2017

ORDER

CRL OP(MD) No.4274 of 2017 AND CRL MP(MD) No.3074 of 2017 GIVING DIRECTION ETC., AS STATED WITHIN https://hcservices.ecourts.gov.in/hcservices/