Selvarasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2024

CORAM

THE HON'BLE MRS.JUSTICE R.HEMALATHA and Crl.M.P.(MD) No.8744 of 2021 Selvarasu ... Petitioner Vs.

1.State rep. by Inspector of Police, Pattukkottai Town Police Station, Crime No.312/2012, Pattukottai, Thanjavur District, Tamilnadu - 614601.

2.Jayasuriyan ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to call for the records pertaining to the charge sheet filed in P.R.C.No.77 of 2014 on the file of Judicial Magistrate Court, Pattukottai and quash the same.

For Petitioner : No appearance For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) ***** Page No. 1 of 4

O R D E R

Seeking to quash the final report in P.R.C.No.77 of 2014 on the file of the Judicial Magistrate Court, Pattukottai, the present Criminal Original Petition is filed.

2. There is no representation for the petitioner/accused.

3. A perusal of the records shows that the occurrence took place on 25.09.2012 and the police had filed a final report against the present petitioner/accused before the Judicial Magistrate Court, Pattukottai in P.R.C.No.77 of 2014 for the offences punishable under Section 305 of IPC.

4. A perusal of the e-court case status shows that since the offence punishable under Section 305 of IPC is triable by Court of Sessions, the case in P.R.C.No.77 of 2014 was committed to the Court of Sessions (Principal District Court, Thanjavur) on 17.08.2021 and was numbered as S.C.No.170 of 2021.

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5. Though the case was committed to the Court of Sessions (Principal District Court, Thanjavur), the petitioner/accused did not appear before the Court till date and a Non-bailable Warrant (NBW) is issued against the present petitioner/accused. Hence, the petitioner cannot maintain the present petition.

6. Accordingly, the present Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. 16.02.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN To 1.The Judicial Magistrate, Pattukottai, Thanjavur District.

2.The Principal District Judge, Thanjavur, Thanjavur District.

3.The Inspector of Police, Pattukkottai Town Police Station, Pattukottai, Thanjavur District.

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

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R.HEMALATHA , J.

JEN Crl.O.P.(MD) No.16315 of 2021 and Crl.M.P.(MD) No.8744 of 2021 16.02.2024 Page No. 4 of 4