Madras High CourtCRL OP(MD)/17542/2018dismissed as infructuous

K.Murugan v. The Inspector Of Police

2019-11-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) Nos. 17542 & 14134 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) Nos. 17542 & 14134 of 2018 and Crl.M.P.(MD) No 7771 of 2018 in Crl.O.P.(MD) No.17542 of 2018 and Crl.M.P.(MD) No.6335 of 2018 in Crl.O.P.(MD) No.14134 of 2018 CRL.O.P (MD) No. 17542 of 2018

1. K. Murugan

2. P. Lala @ Sankarpandian

3. S. Arumugasamy

4. K. Guna @ Ayyadurai

5. K. Krishnakumar ... Petitioners/Accused No.1 to 5 Vs

1. The State represented by Inspector of Police, Sankarankovil Town Police Station, Tirunelveli District.

(Crime No. 271 of 2018) ... Respondent / Complainant

2. Chelladurai ... Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records in Crime No. 271 of 2018 on the file of the Inspector of Police, Sankarankovil Town Police Station, Tirunelveli District and quash the same.

For Petitioners : Mr. K.Prabhu For R-1 : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) CRL.O.P (MD) No. 14134 of 2018 Chelladurai ... Petitioner Vs

1. The State represented by the Inspector of Police, Sankarankovil Town Police Station, Tirunelveli District.

(Crime No. 272 of 2018)

2. Murugan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records in Crime No. 272 of 2018, dated 15.04.2018 on the file of the first respondent police and quash the same.

For Petitioners : Mr. AL. Kannan For R-1 : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) Nos. 17542 & 14134 of 2018 C O M M O N O R D E R These petitions have been filed to quash the FIR in Crime Nos.271 & 272 of 2018, dated 15.04.2018 on the file of the first respondent police as against the petitioners.

2. Today, when the matters are taken up for hearing, the learned Government Advocate (criminal side) would submit that the first respondent has completed investigation in Crime No. 271 of 2018 and filed final report before the learned Judicial Magistrate, Sankarankovil and the same is pending for cognizance. The respondent police has completed investigation and closed the same as 'Mistake of Fact' in Crime No. 272 of 2018.

3. Considering the submission made by the learned Government Advocate (Crl. Side), the prayer sought for in this petition in Crl. O.P.(MD) No. 17542 of 2018 has become infructuous and accordingly, this Criminal Original Petition is dismissed as infructuous. However, the learned Judicial Magistrate, Sankarankovil is directed to take cognizance, within a period of Four weeks from the date of receipt of a copy of the order. The petition in Crl.O.P.(MD) No. 14134 of 2018 is closed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) ksa To 1.The Judicial Magistrate, Sankarankovil

2. The Inspector of Police, Sankarankovil Town Police Station, Tirunelveli District.

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

+1 CC to M/s.K.PRABHU, Advocate ( SR-100773[F] dated 22/11/2019 ) +1cc to Mr.A.L.KANNAN, Advocate, Sr.No.100676 Common Order made in CRL.O.P (MD) Nos. 17542 & 14134 of 2018 21.11.2019 SMA/26/12/19/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2