Madras High CourtCRL OP(MD)/16671/2022dismissed as infructuous

T.Chinnadurai v. The Superintendent Of Police

2023-11-28Honourable Mr Justice G.Ilangovan4 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.11139 of 2022 T.Chinnadurai ... Petitioner Vs.

1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Karivalam Vanthanallur Police Station, Tenkasi District.

(Crime No.297 of 2022) 3.Neelakandan

...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.297 of 2022 on the file of the second respondent Police Station and quash the same as it has on prima case as against the petitioner.

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For Petitioner : Mr.Ananth C.Rajesh For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate, (Crl.side)

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.297 of 2022 on the file of the second respondent Police. 2.The contention of the petitioner is that based on the complaint lodged by the third respondent, the second respondent registered the First Information Report in Crime No.297 of 2022 for the offences punishable under Section 435 of IPC.

3.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that after completing the investigation final report has been filed before the learned Judicial Magistrate, Sankarankovil, and the same was taken cognizance in C.C.No.397 of 2023. Hence, the prayer sought for in this petition has become infructuous.

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4.Since the final report has been filed before the concerned Court, 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 Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Karivalam Vanthanallur Police Station, Tenkasi District.

(Crime No.297 of 2022) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 28.11.2023 4/4