Madras High CourtCRL OP(MD)/20480/2021dismissed as infructuous

Sofia v. The Inspector Of Police

2023-09-29Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.(MD)No.20480 of 2021 and Crl.M.P(MD).No.11662 of 2021 1.Sofia 2.Thomas Alva Edison ... Petitioners Vs.

1.The State of Tamil Nadu, Rep. by the Inspector of Police, District Crime Branch Police Station, Nagercoil, Kanyakumari District.

2.Leela Pushpabai ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the FIR in Crime No.23 of 2016 on the file of the first respondent police dated 27.12.2016 and quash the same.

For R1 : Mr.Meenakshi Sundaram Additional Public Prosecutor For R2 : Mr.K.C.Maniyarasu 1/4

ORDER

This petition has been filed to call for the records pertaining to the FIR in Crime No.23 of 2016 on the file of the first respondent police dated 27.12.2016 and quash the same.

2. When the matter is taken up for hearing today, there is no representation on behalf of the petitioners.

3. The learned Additional Public Prosecutor appearing for the first respondent would submit that the after completing the investigation, FIR in Crime No.23 of 2016 has been closed as further action has been dropped and RCS notice has already been served to the second respondent on 22.12.2022.

4. Recording the submission made by the learned Additional Public Prosecutor, nothing survives for further adjudication and hence, this Criminal Original Petition stands dismissed as infructuous. Further the first respondent police is directed to serve RCS notice to the defacto complainant/second respondent, if not served and on receipt of the same, 2/4

the he is at liberty to approach the concerned court by way of protest petition in the manner known to law. Consequently, the connected Criminal Miscellaneous Petition is closed.

29.09.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta To 1.The Inspector of Police, District Crime Branch Police Station, Nagercoil, Kanyakumari District.

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

3/4

M.NIRMAL KUMAR, J tta Crl.O.P.(MD)No.20480 of 2021 and Crl.M.P(MD).No.11662 of 2021 29.09.2023 4/4