Madras High CourtCRL OP(MD)/17239/2017dismissed as infructuous

S.T.Ganapathi v. The Inspector Of Police

2020-11-20Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

Crl.OP(MD)No.17239 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 20.11.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.OP(MD)No.17239 of 2017 and Crl.MP(MD)No.11294 of 2017 S.T.Ganapathi : Petitioner/Sole Accused Vs.

1.The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

(In Crime No.633 of 2017) : 1st Respondent/Complainant 2.Abbas Manthiri : 2nd Respondent/De-facto Complainant Prayer: Criminal Original Petition filed under section 482 of the Criminal Procedure Code, to call for the records pertaining to the Crime No.633 of 2017 on the file of the 1st respondent police and quash the same and pass such other orders.

For Petitioner : Mr.J.Lawrance For 1st Respondent : 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 Crime No.633 of 2017 on the file of the 1st respondent and quash the same.

2.When the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the 1st respondent submitted that the complaint given by the petitioner was closed as "Mistake of Fact" by the 1st respondent police, on 10.01.2019 and to the effect, the 1st respondent has also filed a final report before the Judicial Magistrate, Uthamapalayam.

3.The said fact is not disputed by the learned counsel appearing for the petitioner.

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

Crl.OP(MD)No.17239 of 2017 4.Recording the above, this Criminal Original Petition is dismissed as infructuous. However, the petitioner is at liberty to work out his remedy before the appropriate forum in the manner known to law. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) Er To:

1 .The Judicial Magistrate, Uthamapalayam, Theni District. 2.The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

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

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-22440[F] dated 23/11/2020 ) Crl.OP(MD)No.17239 of 2017 20.11.2020 ARK(CO) NR (18/12/2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2