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Madras High CourtCRL OP(MD)/9257/2019dismissed as infructuous

P.Rajkumar, v. The Inspector Of Police

2021-12-07Honourable Mr Justice K.Murali Shankar2 pages

Crl.O.P.(MD)No.9257 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE:07.12.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)No.9257 of 2019 and Crl.M.P.(MD)No.5896 of 2019 P.Rajkumar :

Petitioner / Accused No.2 Vs.

1.State represented by The Inspector of Police, Thallakulam Police Station, Madurai City.

(Crime No.1901/2018) : 1st Respondent/Complainant 2.R.M.Ramanathan : 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition has been filed under Section 482 Cr.P.C, to call for the records relating to Cr.No.1901 of 2018, dated 29.09.2018, on the file of the Inspector of Police, Thallakulam Police Station, Madurai City and quash the same. For Petitioner : Mr.NA.Manimaran For Respondents :Mr.R.Sivakumar Government Advocate(Crl.Side) for R.1

ORDER

This Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to Cr.No.1901 of 2018, dated 29.09.2018, on the file of the Inspector of Police, Thallakulam Police Station, Madurai City and quash the same.

2. When the matter is taken up for hearing today, the learned Government Advocate (Crl.Side) appearing for the first respondent would submit that the first respondent police, after completion of investigation, has laid a charge sheet on 21.07.2019 and the case was taken on file in C.C.NO.978 of 2020, on the file of the Judicial Magistrate Court NO.II, Madurai, for the alleged offences under Sections 406 and 420 I.P.C.. The learned Government Advocate (Crl.Side) would further submit that the case is pending for framing of charges, that the present petitioner is A.2 and that a petition filed by the petitioner for discharge is pending before https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9257 of 2019 the trial Court. He would further submit that since the investigation has already been completed and the charge sheet has been laid, the prayer sought for in this petition has become infructuous.

3. Recording the submission made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL 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 Judicial Magistrate NO.II, Madurai.

2. The Inspector of Police, Thallakulam Police Station, Madurai City.

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

ORDER MADE IN Crl.O.P.(MD)No.9257 of 2019 07.12.2021 USK (17.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2