Madras High CourtCRL OP(MD)/19290/2021dismissed

Kannan v. The Inspector Of Police

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19290 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19290 of 2021 and Crl.M.P.(MD)No.10763 of 2021 Kannan ... Petitioner/Accused No.2 Vs.

1.State represented by The Inspector of Police, Sendhamaram Police Station, Tenkasi District.

(Crime No.57 of 2019) ... 1st Respondent/Complainant 2.Thangammal ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to Crime No.57 of 2019 on the file of the 1st respondent police and quash the same as against the petitioner concerned.

For Petitioner : M/s.C.R.Ponnuthai For Respondents : Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor for R1.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.57 of 2019 registered on the file of the first respondent.

2.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the final report was already filed and cognizance of the offences has also been taken. The case is presently pending in C.C.No.141 of 2021 on the file of Judicial Magistrate, Tenkasi. The next hearing date is 09.02.2022. Therefore, this criminal original is dismissed as infructutous at the very inception. It is open to the petitioner to file a fresh petition challenging the final report. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19290 of 2021 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, Sendhamaram Police Station, Tenkasi District.

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

Crl.O.P(MD)No.19290 of 2021 07.12.2021 MGJ(21.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2