Ansar Basha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)Nos.12353 & 12354 of 2018 Ansar Basha .. Petitioner in Crl.OP(MD)No.12353/18 E.Ramakrishnan .. Petitioner in Crl.OP(MD)No.12354/18 Vs.

1.State Rep. by The Superintendant of Police, Thanjavur, Thanjavur District.

2.State Rep. by The Inspector of Police, Thanjavur Medical College Police Station, Thanjavur.

.. Respondents in both petitions Common Prayer : Petitions filed under Section 482 of the Criminal Procedure Code to direct the second respondent to register the case on the basis of the petitioners' complaints dated 26.06.2018 & 25.06.2018, respectively, which is on the file of the 2nd respondent Police.

For Petitioners : Mr.K.Rajeshwaran For Respondents : Mr.K.Suyambulingabharathi, Government Advocate (Crl. side) (In both petitions) C O M M O N O R D E R These Criminal Original Petitions have been filed by the petitioners seeking a direction to the respondents to register a case based on their complaints dated 26.06.2018 & 25.06.2018, respectively.

2. Heard the learned Counsel appearing for the respective parties.

3. The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, would submit that on the same cause of action, as of the complaints given by the petitioners, a similar complaint was preferred by one Sarath Kumar, wherein, enquiry was conducted and a case has been registered in Crime No.386 of 2018, under Sections 406 & 420 IPC before the second respondent. He would further submit that in the said Cr.No., the petitioners https://hcservices.ecourts.gov.in/hcservices/

herein have been arrayed as witnesses.

4. In view of the said submission made by the learned Government Advocate (Crl. Side), this Court is of the view that nothing survives for further adjudication in these petitions, as a case has already been registered on the same cause of action, where the petitioners have also been arrayed as witnesses. Hence, these Criminal Original Petitions are dismissed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Superintendant of Police, Thanjavur, Thanjavur District.

2.The Inspector of Police, Thanjavur Medical College Police Station, Thanjavur.

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

GK DS/SKN/SAR-3 :07.08.2018: 2P/4C CRL.O.P.(MD)Nos.12353 & 12354 of 2018 23.07.2018 https://hcservices.ecourts.gov.in/hcservices/