Madras High CourtCRL OP(MD)/13666/2020dismissed as infructuous

C.Ramasamy v. The Inspector Of Police

2023-04-25Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.O.P(MD)Nos.13666 of 2020 and 14462 of 2021 and Crl.M.P.(MD)Nos.6302 of 2020 and 7603 of 2021 C.Ramasamy ... Petitioner in Crl.O.P.(MD)No.13666/2020 I.Jeyakumar ... Petitioner in Crl.O.P.(MD)No.14462/2021 Vs.

1. The State rep. by The Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District.

(Crime No.455 of 2020) ... 1st respondent/ Complainant in both O.P.s

2. Muthulakshmi ... 2nd Respondent/ Defacto complainant in both O.Ps COMMON PRAYER: Criminal Original Petitions are filed under Section 482 of Cr.P.C, to call for the records pertaining to the case in Crime No.455 of 2020, on the file of the first respondent police and to quash the same as against this petitioners.

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(In both Crl.O.Ps.) For Petitioner : Mr.R.Anand For Respondents : Mr.M.Sakthi Kumar Government Advocate (crl.side) for R1 : Mr.S.Sundarapandian for R2 COMMON O RDER These Petition are filed to quash the case in Crime No.455 of 2020, on the file of the first respondent police.

2. On the side of the prosecution, it is stated that charge sheet was filed within the time limit, that is, on 15.09.2022 before the Judicial Magistrate, Ambasamudram, but, the respondent police failed to inform the same, on the date of last hearing, ie. On 21.04.2023. The respondent police failed to inform the direction of this Court, for the appearance of the Investigating Officer. The Investigating Officer was transferred to Kanyakumari District, since he could not get information, he was not appeared before the Court and he appeared before this Court, today (ie.27.04.2023).

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3. In view of the submission made by the prosecution, the respondent police is directed to re-submit the charge sheet, after rectifying the defect within a period of one month from the date of receipt of copy of this order.

4. With the above direction, these Petitions are dismissed as infructuous. The petitioners are at liberty to proceed against the charge sheet. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes/No 27.04.2023 Index : Yes/No Internet : Yes/No Ls To

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

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

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R.THARANI. J.

Ls Crl.O.P(MD)Nos.13666 of 2020 and 14462 of 2021 27.04.2023 4/4