Madras High CourtCRL OP(MD)/22813/2018dismissed as infructuous

Jannathkani, v. The Inspector Of Police,

2022-03-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.22813 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2022 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.22813 of 2018 and Crl.MP(MD)No.10773 of 2018 Jannathkani ... Petitioner/Accused No.1 Vs.

1.The State rep by The Inspector of Police, District Crime Branch, Thanjavur, Thanjavur District.

(Crime No.11 of 2018) ... Respondent/Complainant 2.P.K.Abdul Khadar ... Respondent/ Defacto Complainant 3.K.Ramachandiran ... 3rd Respondent (R3 is suo-motu impleaded as per order dated 15.11.2021 in Crl.OP(MD)No.22813 of 2018 by GIJ) Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records pertaining to the FIR in connection with Crime No.11 of 2018 on the file of the 1st Respondent Police, with regard to the petitioner's concern Under Section 406, 465, 467, 468, 471 and 420 of IPC and quash the same. For Petitioner: Mr.G.Gomathi Sankar For R1 : Mr.SS.Madhavan Government Advocate (Crl.Side) For R2 : Mr.B.Anandan For R3 : No Appearance

O R D E R

This petition is filed seeking quashment of FIR in connection with Crime No.11 of 2018 on the file of the first Respondent Police. 2.When the matter was taken up for hearing on 02.03.2022, the learned Government Advocate (Crl.Side) has submitted that the matter is going to be closed by filing final report before the concerned Court as 'Further Action Dropped'.

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

Crl.O.P.(MD)No.22813 of 2018 3.When the matter is taken up for hearing today, the learned Government Advocate (Crl.Side) would submit that because of the non co-operation of the complainant as well as the owners of the land, further investigation could not be undertaken and due to which, further action was dropped. Further Action Dropped Report was also submitted before the Munsif cum Judicial Magistrate, Pappanasam, on 01.03.2022.

4.Since further action has been dropped because of the non co-operation on the part of the complainant, nothing survives for further consideration or direction in this petitioner. Hence, the matter has become infructuous and the petitioner is directed to work out her remedy through appropriate proceedings. 5.In view of the above said development, this Criminal Original Petition is dismissed as infructuous.

6.The learned counsel for the petitioner as well as the second respondent may get a copy of the Closure Report from the first respondent. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Inspector of Police, District Crime Branch, Thanjavur, Thanjavur District.

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

+1CC to M/s.G.GOMATHI SANKAR, Advocate(SR-13156[F] dated 21/03/2022) Crl.O.P.(MD)No.22813 of 2018 and Crl.MP(MD)No.10773 of 2018 21.03.2022 dss MS/30.03.2022/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2