Madras High CourtCRL OP(MD)/20747/2022dismissed as infructuous

Rajkumar v. The Superintendent Of Police

2023-12-05Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.20747 of 2023 and Crl.M.P.(MD).No.14444 of 2023 Rajkumar ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District (Crime No.29 of 2022) 3.Kunjaram

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for records relating to the FIR in Crime No.29 of 2022 dated 31.01.2022 on the file of the 2nd respondent quash the same as against the petitioners/accused No.1 are concerned. For Petitioner : Mr.M.Chandrabose For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/4

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.29 of 2022 on the file of the 1st Respondent Police. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.29 of 2022 for the offences punishable under Sections 294(b), 323 and 506(i) of IPC and Section 4 of TNPHW Act, 2002.

3.When the matter is taken up for hearing, the learned Government Advocate (Crl. side) would submit that after completing the investigation final report has been filed before the Additional Mahila Court, Sivagangai, and the same was taken cognizance in C.C.No.8 of 2023. Hence, the prayer sought for in this petition has become infructuous. It is also submitted that the challenging the above said final report another petition in Crl.O.P.(MD).No.15197 of 2023 has been filed by the petitioner before this Court.

2/4

4.Since the final report has been filed before the concerned Court, and already challenging the above said final report, a petition has been filed before this Court, nothing survives for further consideration in this case.

5.In view of the above, this criminal original petition stands dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

05.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District (Crime No.29 of 2022)

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

3/4

G.ILANGOVAN ,J.

TM 05.12.2023 4/4