Madras High CourtCRL OP(MD)/8050/2020closed

Xavier John Kennadi v. The Inspector Of Police

2020-08-03Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8050 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.8050 of 2020 and Crl.M.P.(MD) No.3829 of 2020 Xavier John Kennadi ... Petitioner/Accused No.1 Vs.

1.The State of Tamil Nadu Rep.by the Inspector of Police, Kodaikannal Police Station, Dindigul District.

... 1st Respondent/Complainant 2.Venish Matthew ... 2nd Respondent/De facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records and quash the impugned FIR in Crime No.352 of 2018 dated 02.11.2018 registered on the file of the first respondent police under Section 294(b), 323 and 506(i) of IPC against the petitioner concerned.

For Petitioner : Mr.P.M.Vishnuvarthanan For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate

O R D E R

This Criminal Original Petition has been filed seeking the relief to quash the impugned FIR registered in Crime No.352 of 2018 dated 02.11.2018 for the offences punishable under Sections 294(b), 323 and 506(i) of IPC pending on the file of the first respondent police.

2.Today, when the petition is came up for hearing, the learned Additional Public Prosecutor appearing for the first respondents, on instructions, would submit that in respect of the petition mentioned Crime No.352 of 2018, investigation has been completed and the final report has also been filed before the learned Jurisdictional Magistrate as "Mistake of Fact" on 23.11.2019. 3.Recording the same, this Criminal Original Petition is closed as unnecessary. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8050 of 2020 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, Kodaikannal Police Station, Dindigul District.

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

+1 CC to M/s.P.M. VISHNUVARTHANAN, Advocate ( SR-13546) Crl.O.P.[MD]No.8050 of 2020 03.08.2020 SMA/14/08/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2