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Madras High CourtCRL OP(MD)/14973/2023dismissed as infructuous

P.Esakkimuthu v. The Inspector Of Police

2023-10-04Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14973 of 2023 and Crl.M.P.(MD).No.11859 of 2023 1.P.Esakkimuthu 2.M.Kaliraj 3.G.Maheshraj 4.V.Mahesh

...Petitioner / Accused No.1 to 4

Vs.

1.The State represented by the Inspector of Police, Courtallam Police Station, Tenkasi District.

(Crime No.205/2023)

...Respondent / Complainant

2.V.Maridurai

...Respondent / Defacto Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in the case in Crime No.205 of 2023 on the file of the 1st Respondent Police and quash the same.

For Petitioner :Mr.D.Vijay For Respondents :Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/4

O RDER This criminal original petition has been filed to quash the First Information Report in Crime No.205 of 2023 on the file of the first respondent. 2.The petitioners are the accused Nos.1 to 4, facing charge under Section 294(b) of IPC. On the basis of the complaint lodged by the second respondent, the present FIR has been registered. Setting out various grounds, the petitioners seek quashment of the present FIR.

3.The learned Government Advocate (Crl. Side) would submit that investigation has been completed in this case and final report has been filed before the learned District Munsif cum Judicial Magistrate, Shenkottai and the same was taken cognizance in S.T.C.No.810 of 2023. Hence, the matter become infructuous.

4.In view of the submissions made by the learned Government Advocate (Crl. Side) this criminal original petition stands dismissed as infructuous. 2/4

However, liberty is granted to the petitioner to challenge the contents of the final report, if so he is aggrieved. Consequently, connected miscellaneous petition is closed.

Speaking : Yes / No 04.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The District Munsif cum Judicial Magistrate, Shenkottai. 2.The Inspector of Police, Courtallam Police Station, Tenkasi District.

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

3/4

G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.14973 of 2023 04.10.2023 4/4