Madras High CourtCRL OP(MD)/239/2019dismissed as infructuous

S.Sankar Raj, B.E., v. The Inspector Of Police,

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

Crl.O.P.(MD)No.239 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.239 of 2019 and Crl.M.P(MD).No.93 of 2019 S.Sankar raj ... Petitioner/Accused No.6 Vs.

1.The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.

... 1st Respondent 2.Prema ... 2nd Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Cr.No.16 of 2018 pending on the file of Judicial Magistrate No.II, Srivilliputthur and quash the same as against this petitioner. For Petitioner : Mr.K.Samidurai For R-1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R2 : Mr.S.Muniyandi

O R D E R

This petition is filed to call for the records relating to the FIR in Cr.No.16 of 2018 pending on the file of Judicial Magistrate No.II, Srivilliputthur and quash the same as against this petitioner.

2.The petitioner is the accused in Crime No.16 of 2018, which was registered for the offences punishable under Sections 341, 294 (b), 498(A), 494 and 506(1) of IPC. Now, the grievance of the petitioner is that even after lapse of 3 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.239 of 2019 3.The learned Additional Public Prosecutor would submit that based upon the representation made by the defacto complaiannt, enquiry was undertaken and it was closed, on the basis of the statement given by the defacto complainant stating that no further action is required. He would further submit that on the basis of the statement further action has been dropped and RCS Notice has been served.

4.Since the defacto complainant herself has given a statement to the effect that no further action is required, nothing survives for further consideration or direction in this petition. 5.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS I) // 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 Judicial Magistrate No. II, Srivilliputhur.

2. The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.

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

+1 CC to M/s.K.SAMIDURAI, Advocate ( SR-34408[F] dated 12/11/2021 ) Crl.O.P.(MD)No.239 of 2019 10.11.2021 MGJ/PM(24.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2