Madras High CourtCRL OP(MD)/5003/2019dismissed as infructuous

G.Balasubramanian v. The Inspector Of Police

2021-11-22Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5003 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.OP.(MD)No.5003 of 2019 & Crl.MP(MD)No.3146 of 2019 1.G.Balasubramanian 2.Raja Ganesh 3.Vijay Mohan ... Petitioners Vs.

1.State Represented by Inspector of Police, Thiruverambur Police Station, Trichy.

(Crime No.263 of 2017) 2.Shanmugavel ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in Crime No.263 of 2017 on the file of the first respondent police, Inspector of Police, Thiruverambur Police Station, Trichy and quash the same.

For Petitioners :

Mr.N.Sudhagarnagaraj For Respondents :

Mr.M.Muthumanikkam, Counsel for Govt. of Tamil Nadu (Crl. Side) for R1 Mr.C.Jeya Prakash for R2

ORDER

This petition is filed seeking quashment of FIR in Crime No.263 of 2017 on the file of the first respondent.

2. On earlier occasion, this Court granted interim stay on 08.04.2019, on condition that the petitioners must deposit a sum of Rs.18,00,000/- to the credit of OS.No.166 of 2016 on the file of the Principal District Court, Trichirappalli. However the conditional order has not been complied with.

3. The learned Government Advocated would sunmit that investigation is completed and final report is also filed before the Judicial Magistrate Court No.VI, Trichirappalli on 18.09.2020, however, it has not been taken on file so far. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5003 of 2019

4. Since final report has been filed before the concerned Court and the conditional order passed by this Court has not been complied with, nothing survives for further consideration in this matter and hence, this matter has become infructuous. There shall be a direction to the Judicial Magistrate No.VI, Trichirappalli to process the final report that has been presented by the respondent Polcie as early as on 18.09.2020 within the time stipulated as per rules. After completion of formalities, compliance report shall be filed before the Registry. If the second respondent is aggrieved by the contents of the final report, he is at liberty to work out his remedy before appropriate Court. With the above direction and liberty, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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, Trichirappalli 2.Inspector of Police, Thiruverambur Police Station, Trichy.

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

Copy to 1.The Principal District Court, Trichirappalli. 2.The Registrar Judicial, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.5003 of 2019 22.11.2021 SVN(CO) KB(04.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2