Madras High CourtCRL OP(MD)/19779/2018dismissed as infructuous

D. Pandiyammal v. The Inspector Of Police,

2021-11-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.19779 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.19779 of 2018 D.Pandiyammal ... Petitioner/Defacto Complainant Vs.

1.The Inspector of Police, S.S.Colony Police Station, Madurai - 16, Crime No.563 of 2018 ... 1st Respondent/Complainant 2.Pearlin Joshuva ... 2nd Respondent/1st Accused PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and set aside the order, dated 28.09.2018, passed by the Judicial Magistrate No.II, Madurai who is in-charge of Judicial Magistrate No.V, Madurai in arrest card in Cr.no.563 of 2018 dated 28.09.2018 on the file of 1st respondent police as illegal.

For Petitioner : Mr.K.Balasubramani For Respondents : Mr.M.Muthumanickam for R1 Government counsel for State Government No Appearance for R2

ORDER

This petition has been filed seeking order to set aside the order, dated 28.09.2018, passed by the Judicial Magistrate No.II, Madurai who is in-charge of Judicial Magistrate No.V, Madurai in arrest card in Cr.no.563 of 2018 dated 28.09.2018 on the file of 1st respondent police as illegal.

2.When the matter is taken up for hearing today, the learned Government counsel submitted that the investigation has been completed and final report was filed before the learned Judicial Magistrate No.V, Madurai and the same was taken cognizance in C.C.No.8431 of 2019. The first accused may workout his remedy before the Magistrate. The prayer sought for in this petition become infructuous.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.19779 of 2018 3.In view of the submission made by the learned Government Advocate (Crl. Side) this criminal original petition is dismissed as infructuous.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Madurai.

2.The Judicial Magistrate No.V, Madurai.

3.The Inspector of Police, S.S.Colony Police Station, Madurai - 16.

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

+1 CC to M/s.K.BALASUBRAMANI, Advocate ( SR-34641[F] dated 16/11/2021 ) Crl.O.P.(MD)No.19779 of 2018 15.11.2021 RS (30.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2