Madras High CourtCRL OP(MD)/4304/2019dismissed as infructuous

Kennedy, v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.4304 of 2019 and Crl.MP(MD)Nos.2606 & 2607 of 2019 1.Kennedy 2.Sivakumar 3.Lalasamy @ Selvendiran 4.Raman 5.Mahendiran ... Petitioners/Accused Nos.1,4,6,12 & 17 vs.

1.The State Rep by The Inspector of Police, Vattathikkottai Police Station, Thanjavur District.

In Crime No.121 of 1993.

... 1st Respondent/Complainant 2.Muthuraj ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the S.C.No.3 of 2000 on the file of the learned III Additional District and Sessions Judge, Pattukkottai and quash the proceedings as against the petitioners herein.

For Petitioners : Mr.S.Deenadhayalan For R1 : Mr.M.Muthumanikkam Government Advocate (Crl.Side)

O R D E R

This petition is filed seeking quashment of the records pertaining to the S.C.No.3 of 2000, on the file of the learned III Additional District and Sessions Judge, Pattukkottai. 2.When the matter is taken up for hearing, the learned counsel for the petitioners would submit that after full trial, all the accused persons have been acquitted by the judgment, dated 15.04.2020

3. The learned Government Advocate (Crl.Side) would submit that it is a split up case and the parent case in S.C.No.237 of 1995 also ended in acquittal since of the hostile evidence that has been given by the witnesses.

4. Since the matter has been disposed of on merits by the Trial Court, nothing survives for further adjudication or further consideration in this petition. Hence the petition has become https://hcservices.ecourts.gov.in/hcservices/ 1/2

infructuous.

5.Recording the submission made by the learned Government Advocate (Crl.Side) and the learned counsel for the petitioners, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The III Additional District and Sessions Judge, Pattukkottai.

2.The Inspector of Police, Vattathikkottai Police Station, Thanjavur District.

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

Crl.OP(MD)No.4304 of 2019 and Crl.MP(MD)Nos.2606 & 2607 of 2019 23.11.2021 ARK(CO) KB(03.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2