Madras High CourtCRL OP(MD)/3249/2019dismissed as infructuous

Simon Rajan, v. The Inspector Of Police

2021-11-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.3249 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.3249 of 2019 and Crl.M.P(MD).No.1811 of 2019 Simon Rajan ... Petitioner/Sole Accused Vs.

1.The Inspector of Police, Vadaseri Police Station, Kanyakumari District.

... Respondent/Complainant 2.Siva ... Respondents/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for records in respect of Crime No.29 of 2019 on the file of the 1st respondent and quash the same. For Petitioner : Mr.A.Mohamed Haneef For R1 : Mr.Sivakumar Government Advocate(Crl.side)

O R D E R

This petition is filed to call for records in respect of Crime No.29 of 2019 on the file of the 1st respondent and quash the same.

2. The case of the petitioner is that a case in Crime No.29 of 2019 has been registered against the petitioner, for the offences punishable under Section 7(1)(a) of the Criminal Law Amendment Act, 2005, on the basis of the complaint given by the second respondent herein namely, Siva.

3.When the matter was taken up for hearing, the learned Government Advocate(Crl.Side) submitted that based upon the compliant given by the second respondent/defacto complainant, enquiry was undertaken and during the course of enquiry, it was found that the association to which the petitioner belongs has no hindrance and the Criminal Law Amendment Act, 2005 is not contemplated to the facts of the case, on the ground that the further action has been dropped.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3249 of 2019 4.Since further action has been dropped, nothing survives in this petition for consideration or direction. Accordingly this Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Crl.Side) // 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, Vadaseri Police Station, Kanyakumari District.

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

Crl.O.P.(MD)No.3249 of 2019 23.11.2021 NSN(CO) GC(17.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2