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Madras High CourtCRL OP(MD)/11773/2021disposed of

M.C.Rosemary v. The Inspector Of Police

2022-01-03Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)Nos.11773 & 12136 of 2021 and Crl.M.P.(MD)Nos.6026 & 6225 of 2021 Crl.O.P.(MD)No.11773 of 2021:

M.C.Rosemary ... Petitioner/Accused Vs.

1.The State represented by The Inspector of Police, Uchipuli Police Station, Ramanathapuram.

(Crime No.319 of 2019) ... 1st Respondent/Complainant 2.Ramesh ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the entire criminal proceedings in FIR in Crime No.319 of 2019 on the file of the first respondent, the Inspector of Police, Uchipuli Police Station, Ramanathapuram District. For Petitioner : Mr.D.Deepamathi For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R.1 Mr.B.Mahendra Rajan for R.2 Crl.O.P.(MD)No.12136 of 2021:

G.Tamilarasu ... Petitioner/Accused Vs.

1.The State represented by The Inspector of Police, Uchipuli Police Station Ramanathapuram.

(Crime No.319 of 2019) ... 1st Respondent/Complainant 2.Ramesh ... 2nd Respondent/ Defacto Complainant 1/3

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the entire criminal proceedings in FIR in Crime No.319 of 2019 on the file of the first respondent, the Inspector of Police, Uchipuli Police Station, Ramanathapuram District. For Petitioner : Mr.D.Deepamathi For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R.1 Mr.B.Mahendra Rajan for R.2 COMMON ORDER These Criminal Original Petitions have been filed to quash the FIR in Crime No.319 of 2019 registered on the file of the first respondent police.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the first respondent submitted that the investigation done by the police revealed that the petitioners were not present at the scene of the occurance. In view of the same, the Superintendent of Police, Ramanathapuram District, has also filed a status report on these lines. Final report has been filed for closing the case as "Mistake of Fact". Since the police have taken a stand in favour of the petitioners herein, no further orders are necessary for the present. In case, any adverse development takes place, it is open to the petitioners herein to move this Court again.

3. With this liberty to the petitioners herein, these Criminal Original Petitions are disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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.

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To 1.The Inspector of Police, Uchipuli Police Station, Ramanathapuram.

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

+1 CC to M/s.D.DEEPAMATHI, Advocate ( SR-151[F] dated 04/01/2022 ) Crl.O.P.(MD)Nos.11773 & 12136 of 2021 and Crl.M.P.(MD)Nos.6026 & 6225 of 2021 03.01.2022 NSN(CO) GC(12.01.2022) 3P 4C 3/3