Madras High CourtCRL OP(MD)/20479/2021dismissed as infructuous

K. Mathavan 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.20479 of 2021 and Crl.M.P(MD).No.11663 of 2021 K.Mathavan ... Petitioner Vs.

1.State Rep. by The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

2.Jeyaprakasam ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned FIR in Crime No.729 of 2021 on the file of the respondent police and quash the same as far as the petitioner is concerned. For Petitioner : Mr.S.Ramsundarvijayaraj For R1 : Mr.Meenakshi Sundaram Additional Public Prosecutor 1/4

ORDER

This petition has been filed to call for the records pertaining to the impugned FIR in Crime No.729 of 2021 on the file of the respondent police and quash the same as far as the petitioner is concerned.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation in Crime No.729 of 2021 has been completed and the final report was filed before the learned Judicial Magistrate, Kamuthi and the same was taken on file in P.R.C.No.62 of 2022. He further submitted that some of the accused appeared before the said Court and some of the accused did not appear. Therefore, NBW issued against A21, A23, A24, A25 and A28. He further submitted that since some of the accused did not appear before the concerned Court and filing of this quash petition before this Court, committal process is pending without any progress for more than a year.

3. Since the final report has filed before the concerned Court, nothing survives for further adjudication and hence, this Criminal 2/4

Original Petition stands dismissed as infructuous. The learned Judicial Magistrate, Kamuthi, is directed to complete the committal proceedings by taking coercive action. Consequently, the connected miscellaneous petition is closed.

29.09.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta To 1.The learned Judicial Magistrate, Kamuthi, 2.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

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

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M.NIRMAL KUMAR, J tta Crl.O.P.(MD)No.20479 of 2021 and Crl.M.P(MD).No.11663 of 2021 29.09.2023 4/4