Madras High CourtCRL OP(MD)/3168/2019dismissed as infructuous

R. Rajesh v. The Inspector Of Police

2021-11-12Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.3168 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.3168 of 2019 & Crl.MP(MD)No.1770 of 2019 R.Rajesh ... Petitioner Vs.

1.The State Rep. by, The Inspector of Police, City Crime Branch, Tirunelveli City.

(Crime No.4 of 2018) 2.L.S.Alamelu Mangai 3.The Inspector of Police, District Crime Branch, Dindigal District.

(Crime No.10 of 2018) (R3 impleaded as per the orders of this Court in Crl.MP(MD)No.2415 of 2019 in Crl.OP(MD)No.3168 of 2019 vide order dated 18.03.2019)

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to the case in Crime No.10 of 2018 on the file of the Inspector of Police, District Crime Branch, Dindigul District and quash the same as against the petitioner.

(Prayer amended as per the order of this Court in Crl.MP(MD)No.2416 of 2019 in Crl.OP(MD)No.3168 of 2019 vide Court order dated 18.03.2019) For Petitioner : Mr.R.Anand For R1 & R3 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

This petition is filed seeking quashment of FIR in Crime No.10 of 2018 on the file of the District Crime Branch, Dindigul District.

2. The learned Additional Public Prosecutor would submit that based upon the complaint given by the second respondent, a case was originally registered in Crime No.4 of 2018 on the file of the Inspector of Police, City Crime Branch, Tirunelveli City. Later, the case was transferred to District Crime Branch, Dindigul District https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3168 of 2019 and the same was taken on file in Crime No.10 of 2018, for the offences punishable under Sections 292A, 354A, 354D, 500, 501 and 509 of IPC, 1860 and Sections 67 and 67A of Information Technology Act, 2000.

3. The learned Additional Public Prosecutor produced a copy of a letter before this Court and submitted that during the course of investigation, the second respondent has sent a letter and also a request through email, that she is not pressing the complaint. She also stated that she will appear before the District Crime Branch, Dindigul District in person and give a letter. Based upon the above letter given by the second respondent, further action has not been taken and notice was also served upon the second respondent.

4. Since the second respondent has not pressed the complaint, the matter has become infructuous and hence, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (W) // 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, City Crime Branch, Tirunelveli City.

2.The Inspector of Police, District Crime Branch, Dindigal District.

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

Crl.O.P.(MD)No.3168 of 2019 12.11.2021 RD(02.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2