Madras High CourtCRL OP(MD)/4713/2019disposed as infructuous

Manase v. The Inspector Of Police

2022-04-26Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.4713 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.4713 of 2019 and Crl.M.P(MD) No.2881 of 2019 C.Manase ... Petitioner/ Accused No.1 Vs.

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

(Crime No.102 of 2019 ... 1st Respondent/ Complainant 2.Rajam ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in Crime No.102 of 2019 on the file of the Marthandam Police Station, Kanyakumari District and to quash the same as against the petitioner. For Petitioner : Mr.S.C.Herold Singh For R1 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) For R2 : Mr.G.Anto Prince

ORDER

This petition has been filed seeking to quash the proceedings in Crime No.102 of 2019 on the file of the Marthandam Police Station, Kanyakumari District.

2. When the matter is taken up for hearing, the learned counsel for the second respondent would submit that the second respondent reported dead.

3. The learned Government Advodate (Crl.Side) appearing for the first respondent would submit that the final report has been filed before the learned Judicial Magistrate No.1, Kuzhithurai on 26.01.2022. But, it has not been taken cognizance so far. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4713 of 2019

4. Since the final report has been filed before the concerned Court, nothing survives for further consideration or direction in this petition.

5. In view of the above, this Criminal Original Petition is dismissed as infructuous and liberty is granted to the petitioner to challenge the final report, if he is so aggrieved.

6. The learned Judicial Magistrate No.I, Kuzhithurai is directed to process the final report with in a stipulated time as per rules. Consequently, the connected Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi To 1.The Judicial Magistrate No.1, Kuzhithurai 2.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

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

+1 CC to M/s.S.C. HEROLD SINGH, Advocate ( SR-21647[F] dated 27/04/2022 ) Crl.O.P.(MD)No.4713 of 2019 and Crl.M.P(MD) No.2881 of 2019 26.04.2022 MGJ(25.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2