Madras High CourtCRL OP(MD)/7806/2021dismissed as infructuous

John Alexandar v. The Inspector Of Police

2021-07-22Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.7806 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/07/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.7806 of 2021 and Crl.MP(MD) No.3982 of 2021 1.John Alexander 2.Ashok ... Petitioners/Accused No 1 & 2 vas.

1.State Rep by Inspector of Police, Pudukkottai Police Station, Thoothukudi District.

(In Crime No.55 of 2021) ...1st Respondent / Complainant 2.Sabapathy ...2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Criminal Procedure code, to call for the records pertaining to the proceedings FIR in Crime No.55 of 2021, on the file of the first respondent police and quash the same as illegal. For Petitioner : Mr.Anandakumar For R-1 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition is filed seeking quashment of FIR in Crime No.55 of 2021, on the file of the first respondent police

2. The case of the petitioner is that a case in Crime No.55 of 2021 has been registered against the petitioner, for the offences punishable under Sections 294(b) and 506(ii) IPC, on the basis of the complaint given by the second respondent herein namely, Sabapathy.

3.During the course of investigation, it is seen that the defacto complainant himself gave a statement that he is not pressing the complaint given by him and no action need be taken, based on which, the first respondent has filed Final Report by closing the investigation and further action has been dropped on 20.07.2021. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7806 of 2021 Final Report has also been submitted before the Judicial Magistrate Court, Tuticorin. Copy of same was also submitted by the learned Additional Public Prosecutor before this Court. 4.Since further investigation has been dropped, nothing survives in this petition for consideration or direction. This Petition became infructuous and accordingly this Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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.Inspector of Police, Pudukkottai Police Station, Thoothukudi District.

(In Crime No.55 of 2021) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.7806 of 2021 and Crl.MP(MD) No.3982 of 2021 22.07.2021 MGJ(02.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2