Madras High CourtCRL OP(MD)/6027/2019dismissed as infructuous

Gerald Fernandez, v. The Inspector Of Police

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

Crl.O.P.(MD)No.6027 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.6027 of 2019 & Crl.MP(MD)No.3890 of 2019 1.Gerald Fernandez 2.Latha Fernandez 3.Anto Fernandez ... Petitioners/Accused Nos.2 to 4 Vs.

1.The State Represented by The Inspector of Police, All Women Police Station, Thoothukudi District.

(Crime No.16/2018) ... 1st Respondent/Complainant 2.Clerisha Fernando ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records in Crime No.16/2018 on the file of the Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District and quash the same. For Petitioners :

Mr.K.Prabhu For Respondents :

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

ORDER

This petition is filed seeking quashment of FIR in Crime No.16/2018 on the file of the first respondent.

2. When the matter is taken up for hearing, the learned counsel for the petitioners as well as the learned Government Advocate would submit that the investigation is completed and final report is also filed before the Judicial Magistrate IV, Thoothukudi and it was taken on file in CC.No.337 of 2019 on 22.04.2019. It is further submitted that so far, eight witnesses have been examined and the trial process is almost over.

3. Since final report has been filed and trial is almost over, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6027 of 2019 nothing survives for further consideration in this case. Hence, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) // 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.IV, Thoothukudi 2.The Inspector of Police, All Women Police Station, Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.6027 of 2019 22.11.2021 MGJ(13.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2