Madras High CourtCRL OP(MD)/14196/2013dismissed as infructuous

Abdul Malik v. The Inspector Of Police

2018-02-27Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD).No.14196 of 2013 and M.P.(MD).Nos.1 & 2 of 2013 Abdul Malik ... Petitioner / Sole Accused Vs.

1.State represented by, The Inspector of Police, Sathur Town Police Station, Virudhunagar District.

... 1st Respondent/Complainant 2.Somasundara Kani ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records relating to the Charge Sheet in C.C.No.143 of 2013, on the file of the learned Judicial Magistrate No.II, Sathur and quash the same.

For Petitioner : Mr.V.Kannan For Respondent No.1 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

This petition has been filed under Section 482 of Cr.P.C. to quash the Charge Sheet in C.C.No.143 of 2013, which was filed for the offences punishable under Sections 420 and 506(i) of IPC., on the file of the learned Judicial Magistrate No.II, Sathur.

2. The case of the prosecution is that the petitioner received a sum of Rs.2,50,000/- from the defacto complainant by giving false promise to secure him a job at Singapore. Subsequently, the defacto complainant went to abroad, thereafter, he came to know that the appointment order given by the petitioner is a forged one, due to which the defacto complainant returned to India, within one month. Thereby, he demanded the petitioner to return back the money received from him. At that time, the petitioner made a life threat to the defacto complainant. Hence, based on the complaint given by the defacto complainant, the case has been registered for the above said crime. Subsequently, after completing the investigation, the respondent police filed charge sheet before the Court concerned and https://hcservices.ecourts.gov.in/hcservices/

the same was taken on file as C.C.No.143 of 2013 by the learned Judicial Magistrate No.II, Sathur. Now, this petition has been filed to quash the above said charge sheet.

3. Today, when this matter is taken up for hearing, the learned Government Advocate (Criminal side) represented that the case in C.C.No.143 of 2013 was disposed of on 11.12.2017 itself in which the petitioner was acquitted from all the charges.

4. The submission made by the learned Government Advocate (Criminal side) is recorded. Hence, the prayer sought for in this petition has become infructuous. Accordingly, this Criminal Original petition is dismissed as infructuous. Consequently, connected miscellaneous petitions are dismissed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Sathur.

2. The Inspector of Police, Sathur Town Police Station, Virudhunagar District.

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

pjl MV:KKR:SAR1:23/03/2018/2P/4C Crl.O.P(MD)No.14196 of 2013 27.02.2018 https://hcservices.ecourts.gov.in/hcservices/