Madras High CourtCRL OP(MD)/20367/2016dismissed

Viknesh Kanthan v. The Inspector Of Police

2020-07-29Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.20367 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2020

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.20367 of 2016 and Crl.M.P.(MD)No.10305 of 2016 1.Viknesh Kanthan 2.Thavasimuthu : Petitioners/Accused Nos 1&2 Vs.

1.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

In Crime No.292 of 2016.

:1st Respondent/Complainant 2.Sankara Narayanan :2nd Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of the Code of Criminal Procedure, praying to call for the records from the first respondent police in Crime No.292 of 2016 and quash the same as illegal. For Petitioners : MrJ.Jeyakumaran For Respondent No.1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) For Respondent No.2 : Mr.S.Satheesh Kumar

ORDER

The present petition has been filed to quash the First Information Report registered in Crime No.292 of 2016 on the file of the first respondent.

2. Today, when the matter came up for hearing, the learned Government Advocate (Criminal side) appearing for the first respondent, on instructions, would submit that pending the present petition to quash the First Information Report, the crime has been enquired into by the first respondent and closed as 'mistake of fact' on 05.10.2016.

3. In view of the aforesaid submission made by the learned Government Advocate (Criminal side) appearing for the first https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20367 of 2016 respondent, no further adjudication is required in this case and hence, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) SML 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 Inspector of Police, Valliyoor Police Station, Tirunelveli District.

Copy To:-The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Crl.O.P.(MD)No.20367 of 2016 Dated: 29.07.2020 AP(04/08/2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2