Rajamanickam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and Crl.M.P(MD).No.13243 of 2022 Rajamanickam ... Petitioners/Accused Rank not known Vs.

1.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

...1st Respondent/Complainant (Crime No.371 of 2017) 2.R.Nallaiyan ...2nd Respondent/Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the FIR in Crime No.371 of 2017 on the file of the first respondent and quash the same so far as the petitioner concern.

For Petitioner : Mr.J.Vishnu For R-1 : Mr.R.Sivakumar Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.371 of 2017 on the file of the first Respondent.

1/4

2.When the case came up for hearing on 16.11.2022, the submission of the learned Counsel for the Petitioner was recorded. Also, the learned Additional Public Prosecutor for the first Respondent submitted that the investigation in Crime No.371 of 2017 had been completed and the final report had also been laid before the learned Judicial Magistrate, Aruppukottai along with condone delay petition and the same was transferred on the point of territorial jurisdiction to the learned Judicial Magistrate, Thiruchuli. Therefore, this Court had sought remarks from the learned Judicial Magistrate, Thiruchuli as well as the learned Judicial Magistrate, Aruppukottai.

3.As per the remarks offered by the learned Judicial Magistrate, Aruppukottai, in D.No.1884 dated 22.11.2022, the final report of the investigation in Crime No.371 of 2017 on the file of the first Respondent was laid and the same was transferred on the point of territorial jurisdiction to the learned Judicial Magistrate, Thiruchuli. 4.This Court in Crl.O.P(MD).No.16022 of 2022 had quashed the FIR in Crime No.371 of 2017. In view of the same, the FIR in Crime No.371 of 2017 on the file of the first Respondent is quashed. The learned Judicial Magistrate, Thiruchuli, is directed to pass appropriate orders in the light of 2/4

this order, quashing the FIR in Crime No.371 of 2017 on the file of the first Respondent.

5.In the result, the Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed. 23.11.2022 Index : Yes/No Internet:Yes/No Rmk To 1.The Judicial Magistrate, Aurppukottai.

2.The Judicial Magistrate, Thiruchuli.

3.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

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

3/4

SATHI KUMAR SUKUMARA KURUP, J., Rmk and Crl.M.P(MD).No.13243 of 2022 23.11.2022 4/4