Madras High CourtCRL OP(MD)/4230/2019dismissed as infructuous

Ganesan, S/O.Kanagaraj v. The Sub Inspector Of Police,

2022-12-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.4230 of 2019 and Crl.M.P.(MD).No.2552 of 2019 Ganesan ... Petitioner/Sole Accused Vs.

The Sub-Inspector of Police, Sendhamaram Police Station, Tirunelveli, Tirunelveli District.

(Crime No.47 of 2019) ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records on the file of the respondent police in Crime No.47 of 2019 and quash the same as illegal.

For Petitioners : Mr.S.Baskar Marutham For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) O RDER This petition has been filed seeking quashment of the impugned FIR in Crime No.47 of 2019 on the file of the respondent police. 2.The above said FIR has been registered on the ground that the 1/4

petitioner is facing several cases namely 1) Cr.No.153 of 2016, under Section 4(1)(a) of TNP Act, 2) Cr.No.46 of 2018, under Section 4(1)(i) TNP Act and 3) Cr.No.251 of 2018, under Sections 4(1)(a), 4(1)(i) of TNP Act, 506(ii), 353, 294(b) IPC. It is also stated that because of the ensuing parliamentary election, he may create trouble affecting the law and order situation. So recommendation was also made to initiate action against the petitioner under Section 107 Cr.P.C.

3.The FIR has been registered in the year 2019 initiating 107 Cr.P.C. proceedings against the petitioner. Therefore, by effluxion of time, the FIR has become infructuous. Accordingly, this criminal original petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

13.12.2022 Index : Yes/No Internet : Yes/No 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.

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To 1.The Sub-Inspector of Police, Sendhamaram Police Station, Tirunelveli, Tirunelveli District.

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

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G.ILANGOVAN. J.

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