Madras High CourtCRL OP(MD)/12373/2021dismissed as infructuous

D.Lenin v. The Inspector Of Police

2021-08-27Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.12373 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12373 of 2021 and Crl.M.P(MD).No.6324 of 2021 D.Lenin ... Petitioner Vs.

1.The Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No.128 of 2021) 2.I.Annaselvam ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned FIR in Crime No.128 of 2021 on the file of the first respondent police and quash the same.

For Petitioner : Mr.S.M.Mohan Gandhi For R-1 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records pertaining to the impugned FIR in Crime No.128 of 2021 on the file of the first respondent police and quash the same. 2.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that based upon the complaint given by the second respondent/defacto complainant, enquiry was conducted in C.S.R.128 of 2021 and the investigation has been completed and final report was filed before the Judicial Magistrate No.5, Tirunelveli and same was not taken on file so far. 3.Considering the facts and circumstances of the case, there shall be a direction issued to the learned Judicial Magistrate No.5, Tirunelveli to process the final report that has been presented by the first respondent as per the rules and take the same on file. The compliance Report must be submitted to the Registry of this Court. The liberty is granted to the petitioner to workout his remedy before the appropriate forum through proper proceedings. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12373 of 2021 4.With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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 Inspector of Police, Manur Police Station, Tirunelveli District.

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

Copy to:- 1.The Judicial Magistrate No.5, Tirunelveli.

2.The Registrar(Judicial) Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.12373 of 2021 27.08.2021 RD(6.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2