Madras High CourtCRL OP(MD)/15085/2019dismissed as infructuous

P.S. Jeyaraj v. P. Thangapandian

2021-12-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.15085 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15085 of 2019 and Crl.M.P.(MD)No.9009 of 2019 1.P.S.Jeyaraj(Died) 2.Senthilkumar 3.Joseph Bensam 4.Sivabalan 5.Nithiyandham ... Petitioners/Accused 1 to 5 Vs.

1.P.Thangapandi ... 1st Respondent/Petitioner 2.The Inspector of Police, Sholavandhan Police Station, Madurai District.

Cr.No.185 of 2019.

... Respondents/Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records of the case in Cr.M.P.No.2269 of 2019 on the file of the Judicial Magistrate, Vadipatti and consequently 2nd respondent registration of the First Information Report in Crime No.185 of 2019.

(amended as per order of this Court dated 12.11.2019 made in MP(MD). No. 9009/2019 in CRL.OP(MD).No. 15085/2019) For Petitioner : Mr.M.Venkatesan for R1 : Mr.K.Muthu Ganesa Pandian.

For R2 : Mr.M.Muthumanikkam Government Advocate(Crl.side)

ORDER

This criminal original petition has been filed seeking quashment of the First Information Report in Crime No.185 of 2019, for the offences under Sections 147, 465, 466, 468, 471, 341, 294(b) and 506(i) of IPC on the file of the 2nd respondent. 2.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner and the learned Government Advocate would submit that investigation in this case has been completed and a final report has been filed as mistake of fact. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15085 of 2019 Based upon the letter given by the defacto complainant, it has been closed as mistake of fact.

3.In view of the above submission, the prayer sought for in this petition has become infructuous. Accordingly, this criminal original petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pnn 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 Judicial Magistrate, Vadipaati.

2.The Inspector of Police, Sholavandhan Police Station, Madurai District.

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

Crl.O.P.(MD)No.15085 of 2019 02.12.2021 NSN(CO) KB(20.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2