Madras High CourtCRL OP(MD)/20692/2016dismissed as infructuous

Jakkarieya v. The Inspector Of Police,

2020-10-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.20692 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.20692 of 2016 and Crl.MP(MD)No.10517 of 2016 Jakkarieya ... Petitioner/1st Accused Vs 1.The Inspector of Police, Batlagundu Police Station, Dindigul District.

... Respondent/Complainant 2.Jahangir ... Respondent/Defacto complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for records pertaining to the case in Crl.M.P.No.3234/2016 on the file of the Judicial Magistrate, Nilakkottai and quash the complaint and consequential all further proceedings so far as against the petitioner is concerned.

For Petitioner : Mr.D.Shanmugaraja Sethupathi For R1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) For R2 : Mr.S.M.A.Jinnah

ORDER

This petition has been filed challenging the order passed in Crl.M.P.No.3234/2016 on the file of the learned Judicial Magistrate, Nilakkottai, dated 08.09.2016, directing the 1st respondent to register the case and investigate the same under Section 156 (3) of Cr.P.C., on the complaint lodged by the 2nd respondent herein.

2. The learned Government Advocate (Crl.Side) appearing for the first respondent would submit that as per the direction of learned Judicial Magistrate, Nilakottai, in Cr.MP.No.3234 of 2016 dated 08.09.2016, the 1st respondent registered the First Information Report in Crime No.386 of 2016 for the offences under Sections 294 (b), 406, 420 and 506 (1) IPC., as against the petitioner and another. Therefore, the prayer sought for in this Criminal Original Petition has become infructuous. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20692 of 2016

4. Recording the submission made by the learned learned Government Advocate (Crl.Side), this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. However, the petitioner is at liberty to challenge the First Information Report in the manner known to law. Sd/- Assistant Registrar(AE) // True Copy // / /2020 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID19 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 Judicial Magistrate, Nilakkottai.

2. The Inspector of Police, Batlagundu Police Station, Dindigul District.

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

Crl.O.P.(MD)No.20692 of 2016 and Crl.MP(MD)No.10517 of 2016 08.10.2020 ARK(CO) TR(22.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2