Madras High CourtCRL OP(MD)/15113/2021allowed

Dervin Jacob Joselin v. The Inspector Of Police

2021-11-12Honourable Mr Justice G.R.Swaminathan2 pages

1 Crl.O.P.(MD)No.15113 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.15113 of 2021 and CRL.M.P.(MD)Nos.8081 & 8082 of 2021 Dervin Jacob Joselin ... Petitioner/ Sole Accused Vs.

1. The State of Tamil Nadu, Rep. By the Inspector of Police, Karungal police station, Kanyakumari District. ...Respondent /Complainant

2. Paul Jil Singh ...2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.635 of 2019 on the file of the learned Judicial Magistrate, Eraniel, Kanyakumari District and quash the same as illegal and devoid of merits. For Petitioner : Mr.S.Ramakrishnan For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-2 : Mr.J.Muneer Khan

O R D E R

This criminal original petition has been filed for quashing the proceedings in C.C.No.635 of 2019 on the file of the Judicial Magistrate, Eraniel.

2. The defacto complainant Paul Jil Singh is present in person before this Court. He has been duly identified by Mr.R.Davidraj, SSI-639, attached to Karungal police station. The defacto complainant Paul Jil Singh has no objection for quashing the impugned prosecution. Since the defacto complainant does not want to https://hcservices.ecourts.gov.in/hcservices/

2 Crl.O.P.(MD)No.15113 of 2021 pursue the matter, no purpose will be served in keeping the impugned prosecution alive.

3. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 Judicial Magistrate, Eraniel.

2. The Inspector of Police, Karungal police station, Kanyakumari District.

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

+1 CC to M/s.S.RAMAKRISHNAN, Advocate( SR-34245[F] dated 12/11/2021 ) Crl.O.P.(MD)No.15113 of 2021 12.11.2021 MGJ/NS(22.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/