Madras High CourtCRL OP(MD)/13304/2021allowed

Kumar v. The Inspector Of Police

2021-11-09Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.13304 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.13304 of 2021 Kumar ... Petitioner / Sole Accused Vs.

1. The State rep. By, The Inspector of Police, Suthamalli police station, Tirunelveli District.

(Crime No.416 of 2017). ... 1st Respondent / Complainant

2. Palaniraj ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to C.C.No.88 of 2020 on the file of the learned Judicial Magistrate, Cheranmahadevi and quash the same as illegal.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

This criminal original petition has been filed for quashing the proceedings in C.C.No.88 of 2020 on the file of the Judicial Magistrate, Cheranmahadevi.

2. The defacto complainant Palaniraj is present before this Court. He has been duly identified by his Advocate Mr.M.Ramesh (418/2006). The defacto complainant has no objection for quashing the impugned proceedings. When the defacto complainant himself does not want to pursue the prosecution, no purpose will be served in keeping the impugned prosecution alive.

3. Therefore, the impugned prosecution is quashed. This criminal original petition is allowed. No costs. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) pmu https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO.13304 OF 2021 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, Cheranmahadevi,Tirunelveli District.

2. The Inspector of Police, Suthamalli police station, Tirunelveli District.

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

Crl.O.P.(MD)No.13304 of 2021 09.11.2021 MGJ/SKN(18.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4