Madras High CourtCRL OP(MD)/20862/2021disposed of

R.Tharikka Srib@ Thara Falaq v. The Inspector Of Police

2024-02-28Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024

CORAM

THE HON'BLE MRS.JUSTICE R.HEMALATHA and Crl.M.P.(MD) Nos.11965 & 11967 of 2021 1.R.Tharikka Sri @ Tharafalaq 2.M.Rohit Ali ... Petitioners Vs.

1.The State represented by its Inspector of Police, Uchipuli Police Station, Ramanathapuram.

(Crime No.61 of 2021) 2.S.Thiruvasagam ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to call for the records pertaining to Crl.M.P.No.13 of 2021 on the file of the Judicial Magistrate Court No.II, Ramanathapuram and quash the same.

For Petitioners : Mr.D.S.Haroon Rasheed For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) Page No. 1 of 4

O R D E R

To quash the complaint filed under Sections 97 and 98 of Cr.P.C. on the file of the Judicial Magistrate Court No.II, Ramanathapuram, the present Criminal Original Petition is filed.

2. The second respondent (de facto complainant) is the father of the first petitioner. Since the first petitioner went missing on 15.02.2021 at about 09.00 p.m., the de facto complainant lodged a complaint with the first respondent police which came to be registered as F.I.R. in Crime No. 61 of 2021. The police after conducting investigation closed the F.I.R. as mistake of facts and filed a referred charge sheet before the concerned jurisdictional Magistrate after serving notice to the de facto complainant.

3. In the circumstances, nothing survives for further adjudication. Accordingly, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

28.02.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Page No. 2 of 4

To:

1.The Judicial Magistrate Court No.II, Ramanathapuram, Ramanathapuram District.

2.The Inspector of Police, Uchipuli Police Station, Ramanathapuram.

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

Page No. 3 of 4

R.HEMALATHA , J.

JEN Crl.O.P.(MD) No.20862 of 2021 and Crl.M.P.(MD) Nos.11965 & 11967 of 2021 28.02.2024 Page No. 4 of 4