Madras High CourtCRL OP(MD)/17056/2017dismissed as infructuous

P. Gokhila Pandian v. The Director General Of Police

2020-10-12Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12.10.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.OP(MD)No.17056 of 2017 1.P.Gokhila Pandian 2.V.Padmanabhan 3.R.Bashyan 4.R.Ravindran 5.S.G.Murugan 6.P.Bhaskaran 7.P.Muthumani 8.L.Ramanurthy 9.T.Jhansiranai : Petitioners Vs.

1.The Director General of Police, Office of the Director General of Police, Kararkarai Salai, Chennai.

2.The Superintendent of Police, Office of the Superintendent of Police, Theni District, Theni.

3.The Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu, Andipatti Taluk, Theni District.

4.The Sub Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu, Andipatti Taluk, Theni District.

: Respondents (Crime No.575/2017) Prayer: Criminal Original Petition filed under section 482 of the Criminal Procedure Code, to call for the records pertaining to the summons issued by the 4th respondent, dated 07.12.2017 in connection with case in Crime No.575 of 2017 on the file of the 4th respondent directing the petitioner to appear before him on 09.12.2017 and quash the same as illegal.

For Petitioners :

Mr.K.Hemakarthikeyan For Respondents :

Mr.K.Karmegam Government Advocate (Criminal Side)

O R D E R

(Thro' VC) This Criminal Original Petition is filed to call for the records pertaining to the summons issued by the 4th respondent, dated 07.12.2017 in connection with case in Crime No.575 of 2017 on the file of the 4th respondent directing the petitioner to appear before him on 09.12.2017 and quash the same as illegal. 2.When the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents submitted that in this case, final report is not filed by the concerned Investigating Officer and FIR is pending without filing of final report even after the limitation period contemplated under section 468 of Cr.P.C and hence, the FIR is closed by the Judicial Magistrate, Aundipatti, as barred by limitation as the final report was not filed within the period contemplated under section 468 of Cr.P.C 3.The said fact is not disputed by the learned counsel appearing for the petitioners.

4.In view of the above circumstances, there is no necessity to keep this Criminal Original Petition pending. Accordingly, this Criminal Original Petition is dismissed as infructuous. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Er To, 1.The Director General of Police, Office of the Director General of Police, Kararkarai Salai, Chennai.

2.The Superintendent of Police, Office of the Superintendent of Police,Theni District, Theni. 3.The Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu,Andipatti Taluk, Theni District. 4.The Sub Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu, Andipatti Taluk, Theni District.

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

Crl.OP(MD)No.17056 of 2017 12.10.2020 SSS(CO) AP(03/11/2020) 3 P 6C