Madras High CourtCRL OP(MD)/8031/2019dismissed as infructuous

Sudhakar v. The Deputy Superintendent Of

2022-07-05Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)Nos.4952 and 4953 of 2019 1.Sudhakar 2.Bose @ Bojan @ Balamurganantham ... Petitioners/A1 and A2 vs.

1.The Deputy Superintendent of Police, Kodaikanal Sub Division, Dindigul District.

2.The State Rep. by The Inspector of Police, Thandigudi Police Station, Thandigudi, Dindigul District.

Crime No.145 of 2016 ... Respondents/Complainants\ 3.Muruganandam (Died) ... 3rd Respondent/De-facto complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records pertaining to the charge sheet in P.R.C.No.3 of 2017 on the file of the Judicial Magistrate, Kodaikanal and quash the same as illegal.

1/4

For Petitioners : Mr.C.Mayilvahana Rajendran For R1 & R2 : Mr.S.Manikandan Government Advocate (Crl. side) For R3 : Mr.R.Rajaselvam Legal Aid Counsel

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records pertaining to the charge sheet in P.R.C.No.3 of 2017 on the file of the Judicial Magistrate, Kodaikanal and quash the same as illegal.

2.When the matter was pending, the third respondent was reported died.

3.It is not in dispute that the third accused is a juvenile and the case was split up as against him and that the case was committed and the same was taken on file in Spl.S.C.No.54 of 2020 before the Mahila Court, Dindigul.

4.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the case in P.R.C.No.3 of 2017, against the present petitioners, was already committed vide order dated 2/4

01.07.2022.

5.Considering the fact that the case was committed to the Principal District and Sessions Court, Dindigul and the same is now pending on the file of the Sessions Court, the present petition has become infructuous.

6.Accordingly, this Criminal Original Petition is dismissed as infructuous. However, the petitioners are at liberty to canvass their pleads and defence now taken in the above petition, before the trial Court. Consequently, connected miscellaneous petition is closed. 05.07.2022 Index : Yes/No Internet : Yes/No sji To 1.The Principal District and Sessions Court Dindigul.

2.The Judicial Magistrate, Kodaikanal .

3.The Deputy Superintendent of Police, Kodaikanal Sub Division, 3/4

Dindigul District.

K.MURALI SHANKAR, J.

sji 4.The Inspector of Police, Thandigudi Police Station, Thandigudi, Dindigul District.

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

and Crl.M.P.(MD)Nos.4952 and 4953 of 2019 05.07.2022 4/4