Madras High CourtCRL OP(MD)/9610/2020dismissed as infructuous

Kottaisamy v. The Sub Inspector Of Police

2020-09-10Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9610 of 2020 iBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9610 of 2020 and Crl M.P(MD) No.4489 of 2020 1,Kottaisamy 2.Vadivelu @ Balasubramanian 3.Ponnusamy ... Petitioners/Accused No.1 to 3 Vs.

1. State Rep by Sub Inspector of Police, Manamadurai Police Station, Sivagangai District.

(Crime No.81/2020) ... Respondent/Complainant 2.Packiaraj ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for entire records relating to Crime No.81 of 2020 on the file of the first respondent and to quash the same. For Petitioner : Mr.G.Thalaimutharasu For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate(crl.side)

O R D E R

The Criminal Original Petition has been filed seeking the relief to call for entire records in connection with Crime No.81 of 2020 dated 21.02.2020 pending on the file of the first respondent and quash the same as illegal.

2.Today, when the petition is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the first respondent, on instructions, would submit that in respect of Crime No.81 of 2020, the first respondent police completed the investigation and prepared a final report on 06.07.2020. In this regard, he has produced a copy of the final report prepared by the first respondent.

3.Now on go through copy of the final report filed by the first respondent, it appears that before closing the investigation, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9610 of 2020 first respondent examined 11 witnesses as L.W.1 to L.W.11 and recorded their statements. Therefore, in the said circumstances, the prayer sought for by the petitioner become infructuous. 4.Accordingly, this Criminal Original Petition is dismissed as infructuous. However, the first respondent is directed to submit the final report before the Court concerned within a period of one week from today. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (co) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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 Sub Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

Crl.O.P.[MD]No.9610 of 2020 10.09.2020 VB (23.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2