Madras High CourtCRL OP(MD)/15414/2022dismissed as infructuous

Palanichamy v. The Inspector Of Police

2023-12-04Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN and Crl.M.P(MD) No.10121 of 2022

1. Palanichamy

2. Sundar @ Sundaravel

3. Sundar @ Sundaravel

4. Vairakani ... Petitioners Vs

1. The Inspector of Police, Malli Police Station, Virudhunagar District. Crime No.40 of 2022.

2. Thangavelu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records relating to the impugned FIR registered in Cr.No.40 of 2022, dated 13.5.2022 on the file of the 1st respondent, Quash the same against this petitioners.

For Petitioners : Mr. Muthumalai K For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition had been filed to quash the FIR in Cr.No.40 of 2022 on the file of the Respondent No.1 as against the petitioners.

2.The learned Government Advocate (Crl.Side) would submit that in this case the first respondent has conducted investigation and filed the final report before the Judicial Magistrate No.II, Srivilliputhur, by way of deleting three accused. The same was not numbered. 3.This Court called a report from the concerned Court as to the status of the notice that was ordered to the defacto complainant on 22.12.2022 with regard to the deletion of co-accused. As per the report received from the concerned Court, it is seen that the defacto complainant has not appeared to make his objection.

4.In view of the above development, nothing survives for further adjudication. This Criminal Original Petition stands dismissed as infructuous. Consequently, connected miscellaneous petition is closed. However, the trial 2/4

Court is directed to number the final report, as per rules and the petitioners are at liberty to challenge the final report, in the manner known to law, if they are aggrieved.

04.12.2023 NCC:Yes/No Internet:Yes/No Index:Yes/No PNM To 1.The Judicial Magistrate No.II, Srivilliputhur

2. The Inspector of Police, Malli Police Station, Virudhunagar District. Crime No.40 of 2022.

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

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G.ILANGOVAN, J.

PNM ORDER IN and Crl.M.P(MD) No.10121 of 2022 04.12.2023 4/4