Madras High CourtCRL OP(MD)/7529/2021disposed of

Shajin v. The Inspector Of Police

2021-06-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.7529 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.7529 of 2021 & Crl.MP(MD)No.3861 of 2021 Shajin ... Petitioner/29th Accused Vs.

1.State, Represented by, The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

(Crime No.121/2017) ... 1st Respondent/Complainant 2.K.Thangaraj ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the impugned First Information Report registered in Crime No.121 of 2017, dated 21.06.2017, on the file of the first respondent, quash the same, in so far as the petitioner herein is concerned. For Petitioner : Mr.M.Saravanan For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petition is filed seeking quashment of Crime No.121 of 2017 dated 21.06.2017 on the file of the first respondent.

2. This case gives a sorry state of affairs that is prevailing. It is seen that based upon the complaint given by the second respondent, proceedings under Section 145 of the Code of Criminal Procedure was initiated on 21.06.2017. Now, more than four years lapsed.

3. The learned counsel for the petitioner would submit that eventhough proceedings under Section 145 of the Code of Criminal Procedure will lapse at the expiry of one year, the respondent Police came to his house and informed him that a case is pending against him.

4. The learned Additional Public Prosecutor would submit that he would give proper instructions to the concerned Officer in this regard.

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Crl.O.P.(MD)No.7529 of 2021

5. Lapsed proceedings cannot be quashed. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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 Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

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

+1 CC to M/s.M.SARAVANAN, Advocate ( SR-19309[F] dated 15/06/2021 ) Crl.O.P.(MD)No.7529 of 2021 15.06.2021 KK(06.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2