Madras High CourtCRL OP(MD)/13939/2021dismissed as infructuous

Kavitha v. The Inspector Of Police

2021-09-20Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.13939 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13939 of 2021 and Crl.M.P.(MD)No.7246 of 2021

1. Kavitha

2. C.Paulpandi ... Petitioners / Accused Nos. 4 & 8 Vs.

1.The State rep. by, The Inspector of Police, CCB-Central Crime Branch, Madurai City.

Crime No.79 of 2017 ... 1st Respondent/Complainant

2. R.Karunakaran ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the proceedings in Crime No.79 of 2017, dated 07.11.2017, on the file of the 1st respondent police and quash the same.

For Petitioner : Mr.S.Dheenadhayalan For R-1 : Mr.K.Sanjai Gandhi Government Advocte (Crl.side)

O R D E R

This petition has been filed seeking quashment of the First Information Report in crime number 79 of 2017 on the file of the first respondent police.

2. The case was registered fot the offences under Sections 406, 420, 468, 471 and 120(B) IPC.

3. The Government Advocate(Crl.side) submits that investigation has been completed and final report was filed before the concerned court as 'Mistake of Fact'. Referred charge sheet notice in RCS No. 36 of 2018 was also served upon the defacto complainant.

4. Since the complaint has been closed as 'Mistake of Fact', this petition has become infructuous. Accordingly, this petition is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13939 of 2021 dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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, CCB-Central Crime Branch, Madurai City.

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

+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-29632[F] dated 20/09/2021 ) Crl.O.P.(MD)No.13939 of 2021 and Crl.M.P.(MD)No.7246 of 2021 20.09.2021 NA(CO) KB(29.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2