Madras High CourtCRL OP(MD)/1701/2019dismissed as infructuous

M.Arumugam, v. The Inspector Of Police

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

Crl.O.P.(MD) No.1701 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.1701 of 2019 and Crl.M.P.(MD).No.905 of 2019 1.M.Arumugam 2.M.Rathinamani 3.M.Narayanan ... Petitioners/Accused Nos.1 to 3 Vs.

1.The State through The Inspector of Police, Panagudi Police Station, Tirunelveli District.

(In Crime No.518 of 2018) ... 1st Respondent/Complainant 2.S.Suymbulingam ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the case in Cr.No.518 of 2018 under Section 451 of Indian Penal Code and Section 4 of TN Public Property (Prevention of Damage and Loss) Act 1992 of IPC pending investigation on the file of the 1st respondent police and quash the same.

For Petitioners : No Appearance For Respondents : Mr.E.Antony Sahaya Prabahar for R1 Additional Public Prosecutor

ORDER

This petition has been filed seeking quashment of Cr.No.518 of 2018 under Section 451 of Indian Penal Code and Section 4 of TN Public Property (Prevention of Damage and Loss) Act 1992 of IPC pending investigation on the file of the 1st respondent police. 2.When the matter is taken up for today, there is no representation for the petitioner. The learned counsel for the second respondent present. The learned Additional Public Prosecutor submitted that based upon the investigation, final report has been filed before the learned Judicial Magistrate, Valliyoor and the same has been taken cognizance in C.C.No.14 of 2021 and now it is posted to 17.11.2021 for appearance of accused persons. 3.Since the final report has been filed before the concerned Court and the same has been taken cognizance, the prayer sought for in this petition has become infructuous. However, the petitioner is at liberty to workout his remedy through appropriate proceedings, if so he is aggrieved by the contents of the final report. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.1701 of 2019 4.With the above liberty, this criminal original petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Panagudi Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.1701 of 2019 11.11.2021 AR(CO) GC(26.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2