Madras High CourtCRL OP(MD)/14241/2022dismissed as infructuous

Jeyaprakash v. The Inspector Of Police

2023-11-28Honourable Mr Justice G.Ilangovan5 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.9168 of 2022 1.Jeyaprakash 2.Sathan ... Petitioners Vs.

1.State through the Inspector of Police, Parthibanoor Police Station, (In Crime No.65 of 2018) 2.V.Ramesh Babu, The Village Administrative Officer, Pidaricheri Village, Soodiyur Group,

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the proceedings in Crime No.65 of 2018 on the file of the first respondent and quash the same as against the petitioners. 1/5

For Petitioners : Mr.R.Murali For Respondents : Mr.M.Sakthi Kumar, Government Advocate, (Crl.side)

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.65 of 2108dated 24.05.2018 on the file of the first respondent Police.

2. The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.65 of 2018 for the offences punishable under Sections 379 of I.P.C., Section 21 (1) of the Mines and Minerals (Development & Regulation) Act, 1957 and Section 3 (1) of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992. 3.When the matter is taken up for hearing, the learned Government Advocate (Crl. side) would submit that after completing the investigation final report has been filed before the learned Judicial Magistrate,Paramakudi and the same was taken cognizance in C.C.No.83 2/5

of 2023. Hence, the prayer sought for in this petition has become infructuous.

4.Even though the interim order was passed on 10.08.2022, it was not extended because of non listing of the case. Hence, the petitioner can workout his remedy through appropriate proceedings, if so aggrieved by the contents of the final report.

5.With the above said liberty, 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, Parthibanoor Police Station, (In Crime No.65 of 2018) 3/5

2.The Village Administrative Officer, Pidaricheri Village, Soodiyur Group, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 28.11.2023 5/5