Madras High CourtCRL OP(MD)/11281/2019dismissed as infructuous

K.Tharamaraj v. The Inspector Of Police

2021-12-02Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)Nos.11281 and 11283 of 2019 and Crl.M.P.(MD)Nos.7062 and 7065 of 2019 K.Tharmaraj ... Petitioner/Sole Accused Vs.

1.The State represented by The Inspector of Police, Periyakulam Police Station, (Crime No.273 of 2019) ... Respondent-1/ Complainant 2.K.Najimunisha The Assistant Manager / Special Tahsildar, Tamil Nadu Cable TV Corporation Ltd., Taluk Office, ... Respondents-2/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the First Information Report in Crime No.273 of 2019 on the file of the first respondent police and quash the same as illegal.

For Petitioner : Mr.B.Prasanna Vinoth For R1 : Mr.M.Muthumanikkam Government Advocate(Crl.side) Crl.O.P.(MD)No.11283 of 2019 1.G.P.Bose 2.P.T.Kumaresan 3.A.Ganesan 4.S.Manikandan 5.P.Muthuraman 6.R.Seetharaman 7.P.Nagaraj 8.S.Raju 9.M.Muruganantham 10.M.Murugesan 11.V.Lakshmi Priya

12.M.Murugan 13.V.Murugan 14.M.Madasamy ... Petitioners/Accused No.1 to 14 Vs.

1.The State represented by The Inspector of Police, Andipatti Police Station, (Crime No.311 of 2019) ... Respondent-1/Complainant 2.K.Najimunisha, The Assistant Manager / Special Tahsildar, Tamil Nadu Cable TV Corporation Ltd., Taluk Office, ... Respondent-2/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.311 of 2019 on the file of the first respondent police and quash the same.

For Petitioners : Mr.B.Prasanna Vinoth For R1 : Mr.M.Muthumanikkam Government Advocate(Crl.side) (in both petitions) COMMON ORDER These Criminal original petitions have been filed seeking quashment of the First Information Reports in Crime No.273 of 2019, for the offences under Sections 406 and 420 of IPC on the file of the Inspector of Police, Periyakulam Police Station, Theni District. 1st respondent and in Crime No.311 of 2019, for the offences under Sections 34, 406 and 420 of IPC on the file of the The Inspector of Police, Andipatti Police Station, Theni District. 2.

Today, when these matters are taken up for hearing, the learned counsel appearing for the petitioners and the learned Government Advocate would submit that based upon the investigation that has been undertaken, it was found that there was absolutely no co-operation on the side of the defacto complainant. Inspite repeatedly called, the defacto complainant did not come forward along with the relevant records. So it was closed as action dropped. Since no co-operation on the side of the defacto complainant, further action was dropped. The petitioner is at liberty to workout the remedy in appropriate time. 3.In view of the above submission, these petitions have become infructuous.

dismissed as infructuous. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) pnn 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, Periyakulam Police Station, 2.The Inspector of Police, Andipatti Police Station, 3.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)Nos.11281 and 11283 of 2019 02.12.2021 NSN(CO) GC(21.12.2021) 3P 4C