Madras High CourtCRL OP(MD)/803/2018dismissed as infructuous

V. Selvaraj v. The Superintendent Of Police

2019-09-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.803 of 2018 V. Selvaraj ... Petitioner -Vs1.The Superintendent of Police, Ramanathapuram 2.The Deputy Superintendent of Police, Ramanathapuram

3. Poobathi ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records the summon issued U/s. 160 Cr.P.C by the 2nd respondent signed on 08.01.2018 under the instructions of the 1st respondent to the petitioner and quash the same.

For Petitioner : Mr.J.M.Hassanul Bazari For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This petition has been filed challenging the summon issued by the second respondent under Section 160 Cr.P.C to the petitioner. 2.The learned Government Advocate (criminal side) would submit that investigation has been completed and proceedings initiated under Section 174 of Cr.P.C. and the same was closed as 'Further Action Dropped' by the second respondent and filed the closure report before the Revenue Divisional Officer, Ramanathapuram. Therefore, the prayer sought for by the petitioner become infructuous.

3.The learned counsel appearing for the petitioner submitted that without conducting proper enquiry, the respondent police closed the summon.

4.Considering the above facts and circumstances, the second respondent is directed to file the closure report before the concerned jurisdictional Magistrate, within a period of two weeks from the date of receipt of a copy of this order and also direct the second respondent to serve the copy of the closure report to the petitioner.

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5. With the above observation, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Ramanathapuram 2.The Deputy Superintendent of Police, Ramanathapuram.

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

Crl.O.P.(MD)No.803 of 2018 03.09.2019 ls MK (17.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/