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Madras High CourtCRL OP(MD)/4743/2019dismissed for default

S. Gopala Krishnan, v. The Inspector Of Police

2021-12-09Honourable Mr Justice K.Murali Shankar2 pages

CRL.O.P.(MD).No.4743 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.O.P.(MD).No.4743 of 2019 and CRL.MP.(MD)No.2913 of 2019 1.S.Gopala Krishnan 2.G.Dharshan : Petitioners/Accused Nos.1 & 2 Vs.

1.State rep.by The Inspector of Police, Perungudi Police Station, Madurai District.

: 1st Respondent/Complainant 2.P.Rajapandi : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records in Crime No.124 of 2018 on the file of the 1st respondent Police and quash the same as against these petitioners.

For Petitioners : No Appearance For Respondents : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) for R1.

: No Appearance, for R2.

ORDER

When the matter was taken up for hearing on 22.11.2021, there was no representation for the petitioners.

2. This Court, on considering the submissions of the learned Government Advocate (Crl.Side) that after completing the investigation, final report has already been filed before the Court of the Judicial Magistrate No.VI, Madurai, but the cognizance was not taken, has directed the Registry to get a report from the Judicial Magistrate No.VI, Madurai, with regard to the stage of the final report.

3. In pursuance of the said direction, the learned Judicial Magistrate No.VI, Madurai, has submitted a report dated 02.12.2021 stating that on the point of jurisdiction, F.I.R., in Perungudi https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.4743 of 2019 Police Station in Cr.No.124/2018 was already sent to the Court of Judicial Magistrate, Thirumangalam, vide letter dated 09.06.2021 and there was no final report filed before that Court.

4. The learned Government Advocate (Crl.Side) would submit that on 23.11.2021, the first respondent has filed a final report before the Court of Judicial Magistrate, Thirumangalam.

5. Moreover, since there was no representation on behalf of the petitioner on 22.11.2021, the matter was directed to be listed under the caption "for dismissal" on 09.12.2021.

6. Even today, there is no representation on behalf of the petitioners. Hence, this Criminal Original Petition is dismissed for default. Consequently, the connected Miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) SSL 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 Judicial Magistrate No.VI, Madurai.

2. The Judicial Magistrate, Thirumangalam.

3. The Inspector of Police, Perungudi Police Station, Madurai District.

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

CRL.O.P.(MD).No.4743 of 2019 and CRL.MP.(MD)No.2913 of 2019 09.12.2021 RK(04/01/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2