Madras High Court
M.Vigneshwar vs The Inspector Of Police on 1 April, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 01.04.2022
CORAM
THE HONOURABLE MRS.JUSTICE R.THARANI
Crl.A(MD)No.461 of 2021
M.Vigneshwar ... Appellant
Vs
1.The Inspector of Police,
Palayamkottai Police Station,
Tirunelveli City.
2.John Britto,
The Assistant Commissioner of Police (Law & Order),
Palayamkottai,
Tirunelveli.
3.S.Vaikundarajan
4.Yusuf ... Respondents
PRAYER :-
This Criminal Appeal is filed under Section 341(1) of Civil
Procedure Code to call for the entire records pertaining to the order
passed by the learned II Additional District Judge, (PCR Court),
Tirunelveli in Cr.M.P.No.720 of 2021 vide order dated 15.07.2021 and
set aside the same and consequently direct the aforesaid learned Judge
to order enquiry as per Section 340(1) of Cr.P.C., on the complaint of
the appellant and proceed with the same in accordance with law.
1/4
https://www.mhc.tn.gov.in/judis
For Appellants : M/s.R.Anand
For Respondents : R1- Mr.R.M.Anbu Nithi
Additional Public Prosecutor
R2 - Mr.N.S.Karthikeyan
R3 - Mr.J.Kingsly solomon
R4 - Mr.Ramasamy
JUDGMENT
This Criminal Appeal has been filed against the order of the
learned II Additional District Judge, (PCR Court), Tirunelveli in
Crl.M.P.No.720 of 2021 dated 15.07.2021.
2.The prayer of the petitioner in Crl.M.P.No.720 of 2021 is to
initiate proceedings for the offences under Sections 340 and 195 of
Cr.P.C., against the second respondent The prayer was rejected by the
Trial Court. Against the same, this Criminal Appeal has been filed.
3.On the side of the petitioner, it is stated that the petitioner has
filed a petition in Crl.R.C.No.159 of 2022, wherein this Court has set
aside the report submitted by the second respondent dated 18.12.2020.
The second respondent was directed to register a First Information
Report against the accused persons within a period of 12 weeks from
https://www.mhc.tn.gov.in/judis
the date of receipt of a copy of this order and to conduct an enquiry and
to dispose of the same on merits in accordance with law, within a period
of eight weeks thereafter.
4.In view of the submission made by the petitioner that the report
dated 18.12.2020 submitted by the second respondent police was set
aside in Crl.R.C.No.159 of 2022 dated 22.02.2022, the prayer in this
Crl.A.No.461 of 2022 become infructuous. Accordingly, this Criminal
Appeal is closed as Infructuous.
01.04.2022
Index: Yes / No
Internet : Yes / No
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Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant concerned.
To
1.The II Additional District Judge(PCR Court),
Tirunelveli.
2.The Inspector of Police,
Palayamkottai Police Station,
Tirunelveli City.
https://www.mhc.tn.gov.in/judis
R.THARANI, J.
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Crl.A(MD)No.461 of 2021
01.04.2022
https://www.mhc.tn.gov.in/judis
