Madras High CourtCRL OP(MD)/12066/2022dismissed as infructuous

Saravanakumar v. The Inspector Of Police

2023-06-26Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD).No.7627 of 2022 Saravanakumar ... Petitioner/Accused Vs.

1.State rep. by The Inspector of Police, Batlagundu Police Station, Dindigul District.

(Crime No. 119 of 2022) ... 1st Respondent/Complainant 2.Kasimayan ... 2rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in Connection with Crime No.119 of 2022 on the file of the 1st respondent police and quash the FIR in So far as the petitioner is concerned. For Petitioner : Mr.S.Poornachandran For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor 1/4

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No. 119 of 2022 on the file of the 1st respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.119 of 2022 for the offences punishable under Sections 279, 337 & 304-A of IPC, against the petitioner. Seeking quashment of the same on various grounds this petition has been filed. 3.The learned Additional Public Prosecutor would submit that after completing the investigation, it was found that the complaint has been filed as a mistake of fact. Hence, it was closed on 01.08.2022. 4.Since the complaint has been closed as mistake of fact, let the RCS Notice be served upon the petitioner, so that he can workout his remedy through appropriate proceedings. Nothing survives for further consideration in this petition. The prayer sought for in this petition has become infructuous.

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5.Accordingly, this criminal original petition stands dismissed as infructuous with the above said directions. Consequently, connected miscellaneous petition is closed.

26.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Inspector of Police, Batlagundu Police Station, Dindigul District.

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

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G.ILANGOVAN ,J.

TM and Crl.M.P(MD).No.7627 of 2022 26.06.2023 4/4