Madras High CourtCRL OP(MD)/6336/2021dismissed

Manikandan @ Manikanda Prabu v. The Inspector Of Police

2021-06-14Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6336 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6336 of 2021 & Crl.MP(MD)No.3645 of 2021 Manikandan @ Manikanda Prabu ... Petitioner/Accused No. 28 Vs.

1.The State Represented by, The Inspector of Police, Kalaiyarkoil Police Station, Sivagangai District.

(Crime No.344 of 2019) ... 1st Respondent/complainant 2.Vinothkumar ... 2nd Respondents/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the First Information Report in Crime No.344 of 2019 on the file of the first respondent Police and quash the same, as far as this petitioner is concerned.

For Petitioner : Mr.C.Senthil Murugan For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed seeking quashment of Crime No.344 of 2019 on the file of the first respondent Police.

2. The case of the prosecution is that on 31.08.2019, at about 07.00 a.m., the petitioner and other accused persons without obtaining prior permission from the Authority concerned have conducted Bullock Cart race and hence First Information Report came to be registered.

3. The learned Additional Public Prosecutor would submit that investigation was completed and final report was also filed before the learned Judicial Magistrate No.1, Sivagangai as early as on 04.09.2020. It is also submitted that the final report is not taken on file so far.

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Crl.O.P.(MD)No.6336 of 2021

4. More than nine months had lapsed after filing of the final report. There shall be a direction to the learned Judicial Magistrate No.1, Sivagangai to look into the matter. Therefore, nothing survives in this petition for further adjudication. Liberty is granted to the petitioner to workout his remedy appropriately.

5. Accordingly, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.1, Sivagangai 2.The Inspector of Police, Kalaiyarkoil Police Station, Sivagangai District.

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

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