Madras High CourtCRL OP(MD)/8207/2019dismissed as infructuous

Abton @ Ravi Abton v. The Inspector Of Police

2021-06-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.8207 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8207 of 2019 and Crl.M.P.(MD) No.5101 of 2019 (Through Video Conference)

1) Abton @ Ravi Abton

2) Leema

3) Selva Kumar

4) Romalt Terric Pinto Fdo

5) Mariya Gracious Smilin ... Petitioners/ Accused Nos.1 to 5 Vs.

1.The State represented by The Inspector of Police, Thoothukudi South Police Station, Thoothukudi,Thoothukudi District.

(Crime No.8 of 2019) ... R1 / Complainant 2.Jeen Prabhu ... R2/ De facto complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.8 of 2019 dated 04.01.2019, on the file of the first respondent herein and quash the FIR as against the petitioners herein. For Petitioners 1 to 3 : Mr.K.Vamanan For Petitioners 4 & 5 : Mr.P.Chandrasekaran For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal side) For R-2 : Mr.E.Jeen Prabhu (Party-in-person)

O R D E R

This Criminal Original Petition is filed seeking for quashment of Crime No.08 of 2019 dated 04.01.2019 on the file of the first respondent herein.

2. When the matter came up for hearing, the learned Additional Public Prosecutor (Crl.side) would submit that investigation is completed and final report was also filed before the Judicial https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.8207 of 2019 Magistrate - I, Thoothukudi on 02.03.2021 and the same was taken on file and C.C.No. 5 of 2021 has been assigned.

3. Since the final report itself has been filed and taken on file, nothing survives in the Criminal Original Petition for further consideration or direction. But, however the de-facto complainant who appears in person, through video conference, would submit that inspite of several and repeated complaints, still there is threat from the petitioner. He would also submit that three occurrences took place and in respect of those three occurrences also, they filed a complaint . But those aspects cannot be gone into in this petition. It has to be proceeded in accordance with law. Since the matter has become infructuous, nothing survives in the petition for consideration. But, however, liberty is granted to the petitioner to work out his remedy appropriately before the appropriate forum.

4. Accordingly, this Criminal Original Petition stands dismissed as infructuous. Consequently, connected Crl.M.P.(MD) No.5101 of 2019 is closed.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sts 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, Thoothukudi South Police Station, Thoothukudi,Thoothukudi District.

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

+1 CC to M/s.P.CHANDRASEKARAN, Advocate ( SR-20129[F] dated 24/06/2021 ) Order made in Crl.O.P.(MD)No.8207 of 2019 Dated: 23.06.2021 DKS(CO) TR(08.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2