Ramakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD).No.16015 of 2013 and M.P.(MD).No.1 of 2013 Ramakrishnan

...Petitioner/Petitioner/Sole Accused

Vs State Through The Inspector of Police, Pudur Police Station, In Crime No.10 of 2013, Tuticorin District.

...Respondent/Respondent/Complainant

PRAYER: This petition filed under Section 482 of Cr.P.C to set aside the order passed by the learned Judicial Magistrate, Vilathikulam in Crl.M.P.No.7325 of 2013 dated 11.09.2013 and allow this petition. For Petitioner :

Mr.M.Subash Babu For Respondents :

Mr.A.Robinson Government Advocate (Crl side)

ORDER

The petitioner is the sole accused in Crime No.10 of 2013 on the file of the respondent Police. It is a case relating to offences under Sections 279, 337 and 304 (A) of I.P.C. The occurence took place on 14.02.2013. The respondent Police filed the final report on 25.10.2013 and on the same day, the case was taken on file. The petitioner herein filed Cr.M.P.No.7325 of 2013 for stopping further investigation. This application was filed after the expiry of six months. Notice was given to the respondent herein.

2.It was submitted by the respondent Police that the investigation is completed and the final report is to be filed shortly.

3.Taking note of the same, the learned trial Magistrate dismissed the petitioner's application by order dated 11.09.2013 and thereafter on 25.10.2013 the final report was filed. The Police had filed an application under Section 473 of Cr.P.C for condoning the https://hcservices.ecourts.gov.in/hcservices/

delay and the said application was allowed. Since the Trial Magistrate had allowed the application under Section 473 of Cr.P.C, nothing survives for adjudication in this Criminal Original Petition.

4.This Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Vilathikulam.

2.The Inspector of Police, Pudur Police Station, Tuticorin District.

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

+1cc to M/s.M.Subash Babu, Advocate, SR.No.62667. Crl.O.P.(MD).No.16015 of 2013 and M.P.(MD).No.1 of 2013 20.04.2018 TSG RAM/JC/SAR 3/31.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/