Madras High CourtCRL OP(MD)/14113/2022dismissed as infructuous

M.Lenin Kumar v. The Inspector Of Police

2023-11-28Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.9074 of 2022 M.Lenin Kumar ... Petitioner Vs.

1.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(In Crime No.139 of 2022) 2.P.Karunanithi, Sub Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the FIR in Crime No.139 of 2022 on the file of the first respondent and quash the same as illegal.

For Petitioner : Mr.D.Senthil For Respondents : Mr.M.Sakthi Kumar, Government Advocate, (Crl.side) 1/4

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.139 of 2022 on the file of the first respondent Police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.139 of 2022 for the offences punishable under Section 160 of IPC.

3.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that even after completing the investigation final report has been filed before the learned Judicial Magistrate, Paramakudi, the same was closed by the trial Court as it was barred by limitation. Hence, the prayer sought for in this petition has become infructuous.

4.Since the final report has been filed before the concerned Court and the same was closed by the trial Court itself, nothing survives for further consideration by this Court.

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5.In view of the above, this criminal original petition stands dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

28.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(In Crime No.139 of 2022) 2.The Sub Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

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G.ILANGOVAN ,J.

TM 28.11.2023 4/4