Madras High CourtCRL OP(MD)/8229/2021disposed of

Shanmugaraj v. The Inspector Of Police

2021-06-24Honourable Mr Justice G.Ilangovan2 pages

CRL.O.P(MD).No.8229 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.06.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN CRL.O.P(MD).No.8229 of 2021 CRL.M.P(MD).No.4230 of 2021 1.Shanmugaraj 2.Sankarapandi ... Petitioners/Accused Nos.1 & 2 Vs.

1.The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

Crime No.209 of 2019.

... 1st Respondent/Complainant 2.S.Thirumurugan ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records of the FIR in Crime No.209 of 2019 on the file of the 1st respondent dated 20.06.2019 and quash the same as illegal.

For Petitioner : Mr.J.Joseph Zinoson For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records of the FIR in Crime No.209 of 2019 on the file of the 1st respondent dated 20.06.2019 and quash the same as illegal.

2. The case of the petitioner is that on 17.06.2019 at about 11.30 p.m., the defacto complainant/second respondent herein, while doing his work, had fell down and sustained injuries. After three days of the occurrence, he gave a false complaint against this petitioner before the first respondent. Hence, the present petition has been filed.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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CRL.O.P(MD).No.8229 of 2021

4. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that investigation has been completed and the final report was also filed before the learned Judicial Magistrate No.II, Tuticorin on 20.08.2019, the same was not taken on file so far.

5. In view of the above submission, nothing survives for further adjudication in this matter. Hence, this Criminal Original Petition stands disposed of with a direction to the learned Judicial Magistrate No.II, Tuticorin to process the same at the earliest and file compliance report to the Registry. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Judicial Magistrate No.II, Tuticorin.

2. The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

Copy to The Registrar (Judicial), Madurai Bench of Madras High Court,Madurai.

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