Madras High CourtCRL OP(MD)/13622/2021dismissed as infructuous

R.Arjunan v. The Inspector Of Police

2021-10-26Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.13622 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P(MD)No.13622 of 2021 R.Arjunan

...Petitioner/Accused No.9

Vs 1.The State rep by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.566 of 2020).

...1st respondent/Complainant 2.S.Kumaraguru ...2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned FIR in Crime No.566 of 2020, on the file of the first respondent police dated 21.09.2020 and quash the same as illegal insofar as the petitioner is concerned.

For Petitioner : R.Shankar Ganesh For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.B.Arun

ORDER

This petition has been filed seeking quashment of the impugned FIR in Crime No.566 of 2020, on the file of the first respondent police dated 21.09.2020 2.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the petitioner's name has been removed from the array of accused in the final report. 3.However, the learned counsel for the petitioner would submit that no notice has been received or issued to him. 4.Let the investigating officer send notice along with the closure report to the petitioner, so that he can work out his remedy. Before deletion of the petitioner's name from the array of accused in the charge sheet, the investigating officer to serve notice to the second respondent. He can work out his remedy through appropriate proceedings.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13622 of 2021 5.In view of the above development, this petition has become infructuous and accordingly, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.566 of 2020).

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

+1 CC to M/s.B. ARUN, Advocate (SR-33132[F] dated 28/10/2021) Crl.O.P(MD)No.13622 of 2021 26.10.2021 KMV(CO) GC/PM(09.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2