Madras High CourtCRL OP/1934/2024allowed

Devaraj v. State By

2024-02-06Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.1934 of 2024 and Crl.MP.No.1388 of 2024 Devaraj ... Petitioner/ Accused (Sole) .vs.

State by 1.The Inspector of Police Sipcot Police Station Krishnagiri District.

.. Respondent /Complainant (Cr.No.370/2023) 2.V.N.Ananthakumar Special Sub Inspector of Police Sipcot Police Station Krishnagiri District.

.. Respondent/Informant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Cr.No.370 of 2023 dated 16.9.2023 on the file of Inspector of Police, Sipcot Police Station, Krishnagiri the 1st respondent herein and quash the same.

For Petitioner : Mr.S.Sengkodi For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This quash petition has been filed to quash the FIR registered in Crime No.370 of 2023 for offence under Section 151 of Cr.PC and Section 7(1)(a) of Criminal Law Amendment Act, 2005.

2.Heard Mr.S.Sengkodi, learnd counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondents. 3.Both Section 151 Cr.PC and 71A of Criminal Law Amendment Act are not penal provisions for which punishment is provided. Therefore, the very registration of the FIR is misconceived and it has been registered by quoting wrong provisions. The issue involved is also covered by the earlier orders passed by this Court. 4.In the light of the above discussion, the FIR in Crime No. in Cr.No.370 of 2023 dated 16.9.2023 on the file of Inspector of Police, Sipcot Police Station, Krishnagiri the 1st respondent, is hereby quashed and this criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed. 06.02.2024 Index : Yes/No Speaking Order/Non-Speaking Order KP 2/4

To 1.The Inspector of Police Sipcot Police Station Krishnagiri District.

2.V.N.Ananthakumar Special Sub Inspector of Police Sipcot Police Station Krishnagiri District.

3.The Public Prosecutor, High Court of Madras, Madras.

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N. ANAND VENKATESH., J KP Crl.O.P No.1934 of 2024 06.02.2024 4/4