Madras High CourtCRL OP(MD)/8586/2019dismissed

V. Krishnan v. The Sub-Inspector Of Police,

2019-10-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.8586 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.8586 of 2019 and Crl.M.P.(MD)No.5396 of 2019 1.V.Krishnan 2.K.Parvathi ... Petitioners/Accused Nos.1 & 2 Vs.

1.State through The Sub Inspector of Police, Tirunelveli Town Police Station, In Crime No.136 of 2019. ... 1st Respondent/Complainant 2.Murugan ... 2nd Respondent/Defacto Complainant Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records pertaining to the First Information Report in Crime No.136 of 2019, alleged offence under Sections 294(b) and 506(ii) of I.P.C. and under Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 @ 306 of I.P.C., on the file of the 1st respondent police and quash the same as illegal.

For Petitioners : Mr.M.Maran For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to quash the FIR in Crime No.136 of 2019 on the file of the 1st respondent police.

2. The learned Government Advocate (Crl.Side) would submit the first respondent after registering the FIR in Crime No.136 of 2019 for the offence under Sections 294(b) and 506(ii) of I.P.C. and under Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 @ 306 of I.P.C., the victim was died and as such, the first respondent police altered the offence under Section 306 of IPC. Thereafter, the first respondent police has completed the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8586 of 2019 investigation in Crime No.136 of 2019 and also filed a final report and it is pending for committal before the learned Judicial Magistrate, No.IV, Tirunelveli.

3. Considering the submission made by the learned Government Advocate (Crl.Side), the prayer sought for in this petition has become infructuous. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) dss To 1.The Sub Inspector of Police, Tirunelveli Town Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.8586 of 2019 and Crl.M.P.(MD)No.5396 of 2019 22.10.2019 JMN(15.11.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2