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Madras High CourtCRL OP(MD)/118/2019dismissed as infructuous

Chithrajothi, v. The Inspector Of Police

2021-11-10Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.118 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.118 of 2019 1.Chithrajothi 2.Balaganesh 3.M.S.Sakkaraisamy

...Petitioners/Accused No.2,4 & 5

Vs.

1.The Inspector of Police, District Crime Branch, Thoothukudi District.

...Respondent/Complainant

2.Vasantham @ Vasantham Sharmila ...Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the FIR in Crime No.20 of 2015 on the file of the Inspector of Police, District Crime Branch, Thoothukudi District and quash the same as against this petitioners.

For Petitioners : No appearance For R-1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R-2 : Mr.A.P.Athithan

O R D E R

This petition is filed to call for the entire records pertaining to the FIR in Crime No.20 of 2015 on the file of the Inspector of Police, District Crime Branch, Thoothukudi District and quash the same as against this petitioners.

2.The petitioners are the accused in Crime No.20 of 2015, which was registered for the offences punishable under Sections 419, 465, 468, 471 and 420 of IPC. Even after lapse of 6 year, no progress has been made and final report has not yet been filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.118 of 2019 3.When the matter is taken up for hearing, there is no representation for the petitioners.

4.The learned Additional Public Prosecutor would submit that based upon the defacto compliant/second respondent given by the second respondent, enquiry was undertaken and it was closed, on the basis of the statement given by the defacto complainant/second respondnet stating that no further action is required on her complaint. He would further submit that RCS Notice was also served on the second respondent.

5.Since the defacto complainant/second respondnet herself has given a statement to the effect that no further action is required, nothing survives for further consideration or direction in this petition.

6.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) Tta 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, District Crime Branch, Thoothukudi District.

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

Crl.O.P.(MD)No.118 of 2019 10.11.2021 MGJ/NS(22.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2