Madras High CourtCRL OP(MD)/5813/2019dismissed as infructuous

K.Marimuthu v. The Inspector Of Police

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

Crl.O.P.(MD)No.5813 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.5813 of 2019 & Crl.MP(MD)No.3723 of 2019 K.Marimuthu ... Petitioner / Sole Accused Vs.

1.State Represented by The Inspector of Police, Seithur Police Station, Virudhunagar District.

Crime No.67 of 2019 ... 1st Respondent / Complainant 2.Pandidurai ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned FIR in Crime No.67 of 2019 dated 10.03.2019 on the file of the 1st respondent Police and quash the same as illegal. For Petitioner :

No appearance For R1 :

Mr.M.Muthumanikkam, Counsel for Govt. of Tamil Nadu (Crl. Side)

ORDER

This petition is filed seeking quashment of FIR in Crime No.67 of 2019 on the file of the first respondent.

2. When the matter is taken up for hearing, there is no appearance on behalf of the petitioner.

3. The learned Government Advocate(Crl. Side) would submit that based upon the complaint given by the second respondent, investigation was undertaken and during the course of investigation, it was found that a small scuffle arose between the parties and the defacto complainant sustained self injury when he fell on the fence, however, the complaint was given by exaggerating the occurrence. Hence, the complaint was closed as mistake of fact on 12.06.2019 and therfore, nothing survives for further consideration in this petition.

4. Recording the submissions of the learned Government https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5813 of 2019 Advocate(Crl. Side), this Criminal Original Petition is dismissed as infructuous.

Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi Note :

In view of the present lock down owing to COVID19 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 Inspector of Police, Seithur Police Station, Virudhunagar District.

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

Crl.O.P.(MD)No.5813 of 2019 22.11.2021 SVN(CO) SB(03.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2