Madras High CourtCRL OP(MD)/18403/2018dismissed as infructuous

Pongiyannan (Wrong Mentioned v. The Inspector Of Police,

2021-11-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.18403 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P(MD)No.18403 of 2018 and Crl.MP(MD) No.8218 of 2018 1.Pongiyannan 2.Senthil Vadivu ... Petitioners / Accused No.2 & 3 Vs 1.Inspector of Police, Ottanchathiram Police Station, Ottanchathiram, Dindigul District.

... 1st Respondent 2.Natarajan ... 2nd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.466 of 2018 on the file of the first respondent police and quash the same as illegal as against this petitioner. For Petitioner : Mr.M.Mahaboob Athiff For R1 : Mr.M.Muthumanikkam Government Advocate(Crl. Side) For R2 : M/s.Janaki Ramulu

O R D E R

This Criminal Original Petition is filed to call for the records relating to the FIR in Crime No.466 of 2018 on the file of the first respondent police and quash the same as illegal as against this petitioner.

2.When the matter is taken up for hearing, the learned Government Advocate(Crl.side) would submit that based upon the complaint given by the second respondent, enquiry was undertaken and during the course of enquiry, it was found that there was enmity between the petitioners and the private respondent over the tenant and landlord dispute and the facts mentioned in the complaint is not true, the complainant was closed as mistake of fact.

3.Since enquiry has been undertaken and it has been closed as mistake of fact, nothing survives for further consideration or direction in this petition and the petitioner is at liberty to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18403 of 2018 approach the concerned Court.

4.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Origianl Petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) tta NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.Inspector of Police, Ottanchathiram Police Station, Ottanchathiram, Dindigul District.

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

Crl.O.P(MD)No.18403 of 2018 15.11.2021 KS(CO) SB(30.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2