Madras High CourtCRL OP(MD)/19955/2021dismissed as infructuous

S.Annamalai v. The Inspector Of Police

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19955 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19955 of 2021 and Crl.M.P.(MD)No.11251 of 2021 S.Annamalai ... Petitioner/Sole Acused Vs.

1.The State represented by The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

...Respondent/omplainant

(Crime No. 84/2021) 2.K.Chellapandi ... Respondents/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.84 of 2021 on the file of the respondent No.1 and quash the same as illegal as against this petitioner concerned.

For Petitioner : Mr.S.Arunnithy 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.84 of 2021 registered on the file of the first respondent.

2.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that a positive final report has been filed against the petitioner on 29.06.2021 before the learned Judicial Magistrate No.II, Virudhunagar. The jurisdictional Magistrate is directed to take a call in the matter on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order.

3.With this direction to the learned Judicial Magistrate No.II, Virudhunagar and leaving open all the contentions of the petitioner, this criminal original petition is dismissed as infructuous. It is open to the petitioner herein to move this Court again, if the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19955 of 2021 learned Magistrate accepts the final report. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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 No.II, Virudhunagar.

2.The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

3.The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P(MD)No.19955 of 2021 15.12.2021 NSN(CO) KB(07.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2