Madras High CourtCRL OP(MD)/12992/2011dismissed

K.C.Palanisamy v. The Inspector Of Police

2018-07-11Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)Nos.12992, 13173 and 14409 of 2011 and M.P.(MD)Nos.1 & 1 of 2011 Crl.O.P.(MD)No.12992 of 2011 K.C.Palanisamy ... Petitioner/Accused-1 Vs.

1. State rep by Inspector of Police, Mayanur Police Station, Karur District. ... Respondent/Complainant 2.Neelamegam ... Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the FIR in Cr.No.226 of 2011 pending on the file of the first respondent police and to quash the same.

For Petitioner : Mr.S.Ravi For R1 : Mr.A.Robinson, G.A.(Crl.side) Crl.O.P.(MD)No.13173 of 2011 1.Sengol 2.Charles 3.K.Kannan ... Petitioners Vs.

1. State rep by The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

(Cr.No.101 of 2011) ... Respondent Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and quash the F.I.R. in Cr.No.101/2011 on the file of the respondent Police. For Petitioners : Mr.V.K.Saravanan For Respondent : Mr.A.Robinson, G.A.(Crl.side) Crl.O.P.(MD)No.14409 of 2011 T.Ashok Kumar ... Petitioner Vs.

1. The State of Tamil Nadu, Rep.by The Inspector of Police, District Crime Branch, Dindigul.

2. The Assistant Director (Mines), Department of Geology and Mines, Collectorate, Dindigul.

... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the FIR in Cr.No.40 of 2011 dated 01.08.2011 pending on the file of the 1st respondent and quash the same.

For Petitioner : Mr.K.Anandan For Respondents : Mr.A.Robinson, G.A.(Crl.side) COMMON ORDER The petitioners have filed these Criminal Original Petitions to quash the First Information Reports in question on the ground that Police case cannot be registered. The issue on hand no longer res integra.

2.The Division Bench of this Court in the decision reported in (2012) 2 CTC 369 (Chenkol Vs. State of Tamil Nadu) had answered the question in paragraph No.46. In view of the aforesaid view of the Division Bench, nothing survives for adjudication in these Criminal Original Petitions. In all these cases, prosecution will have to be taken to their logical conclusion. 3.The learned Government Advocate (Crl.side) submitted that the learned Judicial Magistrate had closed the cases. 4.Even if it is closed on technical ground, on filing proper re-opening application, final report shall be filed within a period of three months from the date of receipt of a copy this order.

5.With these observations, these Criminal Original Petitions are dismissed. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CRL SIDE) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Inspector of Police, Mayanur Police Station, Karur District.

2. The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

3. The Inspector of Police, District Crime Branch, Dindigul.

4. The Assistant Director (Mines), Department of Geology and Mines, Collectorate, Dindigul.

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

GNS VB/SKN/RSK/SAR1/27.07.2018/3P/6C Crl.O.P.(MD)Nos.12992, 13173 and 14409 of 2011 11.07.2018