Rakesh v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.2437of 2022 Rakesh S/o Suresh Kumar ... Petitioner Vs.

1. The Commissioner of Police, Commissioner Office, Vepery, Chennai - 600 008.

2. The Inspector of Police, (Crime) Otteri Police Station, Kancheepuram District - 600 048.

... Respondents PRAYER:

The Criminal Revision Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in Crime No.4324 of 2020 pending on the file of the Otteri Police Station, Chennai. And quash tha same. For Petitioner : Mr. N.Nagarjuna For Respondent : Mr. A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records and to quash the proceedings in Crime No.4324 of 2020 pending on the file of the 2nd respondent police. 2.The learned counsel for the petitioner would submit that on the complaint of one Selvam, S/o.Kanthasamy, a case in Crime No.4324 of 2020 was registered against one Babu and three others. The allegation as per the complaint is that Babu had picked up a quarrel with Selvam and thereby he had attacked the said Selvam with a beer bottle while he was in a inebriated conditions. While so on 24.12.2020, when Selvam had gone to Babu's house, five others persons who were present along with him, on provocation, had taken a sharp knife and attacked the

said Selvam and caused serious injuries.

3. The learned counsel would further submit that the petitioner is innocent and his name does not find place in the FIR and since the respondent suspected him, he had surrendered before the Judicial Magistrate-II, Chengelpattu and thereafter, he was released on bail. No other material is available against the petitioner and thereby he would seek to quash the FIR.

4. The learned Additional Public Prosecutor would submit that the case of the petitioner is concerned that one Babu along with the five other persons assaulted the said Selvam and he sustained grievous injuries and thereafter, the petitioner surrendered before the Judicial Magistrate-II, Chengelpattu. He would submit that the investigation is pending. The grounds raised by the petitioner are only factual in nature and no other legal ground has been raised for quashing the FIR. He would pray for dismissal of the petition.

5.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondent and perused the entire materials available on record. 6.This Court is of the opinion that the petitioner has not made out any valid ground for quashing the FIR. 7.Accordingly, this Criminal Original Petition is dismissed. However, this Court directs the respondents to complete the investigation and to file a final report before the jurisdictional Court as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vkr/gba To

1. The Commissioner of Police, Commissioner Office, Vepery, Chennai - 600 008.

2. The Inspector of Police, (Crime) Otteri Police Station, Kancheepuram District - 600 048.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.N.MAHENDRA BABU, Advocate, S.R.No.7983 Crl.O.P.No.2437of 2021 SR-II(CO) CT/23/02/2021