Madras High CourtCRL OP(MD)/13939/2019dismissed

P. Ramanathan v. The Inspector Of Police

2019-11-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.13939 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.13939 of 2019 and Crl.M.P(MD) No.8494 of 2019 P.Ramanathan ... Petitioner/Sole Accused Vs.

1. The State rep. by its The Inspector of Police Sankarankovil Town Police Station Tirunelveli District ... 1st Respondent/Complainant

2. Marimuthu ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in Crime No. 227 of 2019 on the file of the first respondent police and quash the same. For Petitioner : Mr.R.J.Karthick For Respondent : Mr.K.Suyambulinga Bharathi No.1 Government Advocate(Crl.Side) For Respondent No.2 : Mr.K.Prabhu

ORDER

This petition has been filed to quash the First Information Report in Crime No.227 of 2019 on the file of the first respondent police.

2. Today when the matter is taken up for hearing the learned Government Advocate(Crl.Side) would submit that based on the complaint given by the defacto complainant the respondent police conducted enquiry and closed the complaint as ' Mistake of Fact'.

3. Recording the aforesaid submission, this Criminal Original Petition is closed. Consequently connected miscellaneous petition is also closed. However the respondent police is directed to serve RCS notice to the defacto complainant and on receipt of the RCS https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13939 of 2019 notice the petitioner is at liberty to file a protest petition before the concerned jurisdictional Magistrate. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To

1. The Inspector of Police Sankarankovil Town Police Station Tirunelveli District

2. The Additional Public Prosecutor Madurai Bench of Madras High Court, madurai +1 CC to Mr.R.J.KARTHICK, Advocate ( SR-96291[F] dated 06/11/2019 ) +1 CC to Mr.K.PRABHU, Advocate ( SR-96236[F] dated 05/11/2019 ) Crl.O.P.(MD) No.13939 of 2019 and Crl.M.P(MD) No.8494 of 2019 05.11.2019 AAV MK (12.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2