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Madras High CourtCRL MP(MD)/9464/2022dismissed as infructuous

Vellaiyammal v. The Inspector Of Police

2023-03-02Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Jurisdiction Thursday, the Second day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) Nos.9464 & 9466 of 2022 in CRL OP(MD)4634 & 4646 of 2019 Vellaiyammal ... Petitioner / Petitioner ( in both MP's) Vs 1 The Inspector of Police District Crime Branch Pudukkottai District.

(Crime No. 19 of 2018 .. 1st Respondent/1st Respondent and Crime No.18 of 2018) ( in both MP's) 2 K.Malaisamy Natarajan ... 2nd Respondent/2nd Respondent in CRL MP(MD). No.9464 of 2022

2. S.Mohammed Musthafa ... 2nd Respondent/2nd Respondent in CRL MP(MD). No.9466 of 2022 Prayer :- CRL MP(MD). No.9464 of 2022 Criminal Miscellaneous Petition filed under section 482 of Cr.p.c. To restore the criminal original petition in Crl O.P (MD) No. 4634 of 2019 on the file of this Hon'ble court which was dismissed for default on 25.04.2022 Prayer :- CRL MP(MD). No.9466 of 2022 Criminal Miscellaneous Petition filed under section 482 of Cr.p.c. To restore the criminal original petition in Crl O.P (MD) No. 4646 of 2019 on the file of this Hon'ble court which was dismissed for default on 25.04.2022 Prayer in CRL OP(MD). 4646/ 2019 :

Criminal Original Petition filed under section 482 of Cr.p.c. To call for the records pertaining to the above first information report in Crime No.18/2018 on the file of first respondent police and quash the same as against the petitioner. 1/3

Prayer in CRL OP(MD). 4634/ 2019 :

Criminal Original Petition filed under section 482 of Cr.p.c. To call for the records pertaining to the above first information report in Cr.No.19/2018 on the file of first respondent police and quash the same in so far as the petitioner/2nd accused. ORDER:- These Petitions coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.J.Karthick Advocate for the Petitioner ( in both MP's) and of Mr.B.Nambiselvan Additional Public Prosecutor for the 1st Respondent ( in both MP's) and of Mr.N.Anandhapadmanaban for M/S APN Law Associates for the 2nd Respondent ( in CRL MP(MD).No.9464 of 2022) and of Mr.D.Rameshkumar Advocate for the 2nd Respondent ( in CRL MP(MD). No.9466 of 2022 ) and of this Court made the following order:

These petitions have been filed to restore the Criminal Original Petition in Crl.O.P(MD) Nos.4634 and 4646 of 2019 which were dismissed for default on 25.04.2022.

2. The learned Additional Public Prosecutor would submit that in both cases, investigation is completed and Final Report has been filed before the learned Judicial Magistrate No.II, Pudukkottai, which was taken cognizance in C.C.No.64 of 2022 and the next hearing date before the concerned Court is 10.04.2023.

3. Considering the submission of the learned Additional Public Prosecutor, this petitioner is directed to appear before the concerned Court on summon. Nothing survives in these petitions for further consideration. Hence, these petitions stand dismissed as infructuous.

Sd/- Assistant Registrar(CS I) // True Copy // /03/2023 Sub Assistant Registrar(CS) TO

1. The Judicial Magistrate No.II, Pudukkottai.

2. The Inspector of Police District Crime Branch Pudukkottai District.

2/3

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

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 02/03/2023 ==========================

ORDER

========================== CRL MP(MD). No.9464 & 9466 of 2022 in CRL OP(MD) No.4634 & 4646 of 2019 ED (24/03/2023) 3P 5C 3/3