Magendran v. The Suu Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 06.12.2018 CORAM :
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl. OP. No.16507 of 2010
1. Magendran
2. Mageshwari ..Petitioner / Accused A3 & A4 Vs.
The Sub-Inspector of Police, Thirupalaivanam, Ponneri Taluk, Thiruvallur District .. Respondent /Complainant Prayer:
This petition is filed under Section 482 of Criminal Procedure Code to call for records in CC No.320 of 2008 pending on the file of the Learned Judicial Magistrate - II, Ponneri and quash the charge sheet in so far as the petitioners alone are concerned.
For Petitioner :Mr.K.Mahendran For Respondent :Mr.Shunmugarajeswaran Government Advocate (Crl. Side)
ORDER
When the matter is taken up for hearing, the learned counsel appearing for the respondent / defacto complainant had filed an affidavit stating that on the instigation of some of the villagers, he lodged the above complaint in Crime No.45 of 2008 which was registered against the petitioners on the file of Inspector of Police, Thirupalaivannam Police Station, Ponneri for the offence punishable under Section 294 (b), 323, and 506 (ii) IPC. He would further state that he is not aware of the content of the complaint and on the instigation of others only, lodged the complaint. It is also stated that the complainant is not inclined to proceed with the complaint.
2.
When an affidavit to that effect has been filed by the defacto complainant himself, there will not be any meaning in allowing the complaint to proceed with before the Trial Court. https://hcservices.ecourts.gov.in/hcservices/
Taking note of the affidavit filed by the defacto complainant and the nature of the offence, I am inclined to quash the proceedings in CC No.320 of 2008 pending on the file of Judicial Magistrate II, Ponneri. No costs.
rka Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar To
1. The Judical Magistrate II, Ponneri.
2. - Do - Thro: The Chief Judicial Magistrate, Tiruvallur.
3. The Sub-Inspector of Police, Thirupalaivanam, Ponneri Taluk, Thiruvallur District.
4. The Public Prosecutor, High Court of Madras.
Crl.O.P.No.16507 of 2010 RSY(CO) KAK(04/01/2019) https://hcservices.ecourts.gov.in/hcservices/