Madras High CourtCRL OP(MD)/6604/2019dismissed as infructuous

S. Karuppaiah v. The Inspector Of Police,

2021-11-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6604 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.OP(MD)No.6604 of 2019 & Crl.MP(MD)No.4410 of 2019 1.S.Karuppaiah 2.Selvaraj ... Petitioners/Accused No 2&5 Vs.

1.State through The Inspector of Police, District Crime Branch, Ramanathapuram District.

Crime No.4/2019 ...1st Respondent/Complainant 2.Pasurulla ...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.4/2019 on the file of the first respondent dated 10.04.2019 and quash the same as illegal as against the petitioners concerned. For Petitioners :

No appearance For R1 :

Mr.Muthumanikkam, Counsel for Government of Tamil Nadu(Criminal Side)

ORDER

This petition is filed seeking quashment of FIR in Crime No.4/2019 on the file of the first respondent.

2. When the matter was taken up for hearing, there is no representation for the petitioners.

3. The learned Government Advocate would submit that based upon the complaint given by the second respondent, investigation has been undertaken and during the course of investigation, it was found that the complaint has been given out of mistake of facts, since the Power of Attorney, which was executed in his favour is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6604 of 2019 not valid in law. On coming to know the above fact, the second repondent gave a statement that no further action required on his complaint. On the basis of the statement given by the second respondent, further action was dropped on 16.03.2020. RCS notice was also served upon the petitioner.

4. Recording the submissions of the learned Government Advocate, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) // 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 Inspector of Police, District Crime Branch, Ramanathapuram District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.6604 of 2019 30.11.2021 RK(15/12/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2