Madras High CourtCRL OP(MD)/6283/2019dismissed as infructuous

Hari Shankar v. The Inspector Of Police

2021-12-21Honourable Mr Justice K.Murali Shankar2 pages

Crl.O.P.(MD)No.6283 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)No.6283 of 2019 and Crl.M.P.(MD)No.4155 of 2019 Hari Shankar ... Petitioner/ Sole Accused vs.

1.The State represented by The Inspector of Police, K.Pudur Police Station, Madurai City.

(Crime No.895 of 2018) ... 1st Respondent/ Complainant 2.Senthil Kumar ...2nd Respondent/ De-facto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records relating to the FIR in Crime No.895 of 2018 on the file of the first respondent herein and quash the same. For Petitioner : Mr.M.Rahul for Mr.R.Gandhi For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor for R1 No appearance for R2

O R D E R

This criminal original petition has been filed seeking orders to call for the records relating to the FIR in Crime No.895 of 2018 on the file of the first respondent herein and quash the same. 2.When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the petitioner had died.

3.The learned Additional Public Prosecutor would submit that the case was taken on file in S.T.C.No.1520 of 2020 and after reporting that the petitioner was dead, the charge against the petitioner/accused was ordered to be abated and hence, nothing survives for further adjudication.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6283 of 2019 4.Recording the said submissions, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) csm 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 Inspector of Police, K.Pudur Police Station, Madurai City.

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

+1 CC to M/s.R.GANDHI, Advocate ( SR-40107[F] dated 23/12/2021 ) Crl.O.P.(MD)No.6283 of 2019 and Crl.M.P.(MD)No.4155 of 2019 21.12.2021 RD(4.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2