Madras High CourtCRL OP(MD)/4635/2016allowed

Subash v. The Sub-Inspector Of Police

2020-01-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4635 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4635 of 2016 and Crl.M.P.(MD)No.2320 of 2016 Subash ... Petitioner/Accused -vs1.State represented by Sub-Inspector of Police, Asaripallam Police Station, Nagercoil.

...1st Respondent/Complainant 2.Vinayagam ...2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to call for the records in C.C.No.68 of 2015 on the file of the Judicial Magistrate No.1, Nagercoil.

For Petitioner :

Mr.V.Pavel For R1 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor For R2 : No appearance

O R D E R

The petitioner is facing trial in C.C.No.68 of 2015 on the file of the learned Judicial Magistrate No.I, Nagercoil for the offences under Sections 294(b), 324, 506(ii) of IPC. To quash the same ,this Criminal Original Petition has been filed. 2.When the matter was taken up for final disposal, it was submitted by the learned counsel for the petitioner that the defacto complainant / R2 is no more. In a case of this nature, if the aggrieved individual is not available, obviously the case against the accused cannot be established. Therefore, continuation of the criminal prosecution is not going to serve any purpose.

3.Accordingly, the impugned proceedings in C.C.No.68 of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4635 of 2016 2015 on the file of the learned Judicial Magistrate No.I, Nagercoil, stand quashed and this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) pnn To 1.The Judicial Magistrate No.1, Nagercoil.

2.The Sub-Inspector of Police, Asaripallam Police Station, Nagercoil.

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

Crl.O.P.(MD)No.4635 of 2016 and Crl.M.P.(MD)No. 2320 of 2016 07.01.2020 KM/(17.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2