C.Vimaleswaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.4307 of 2022 and Crl.M.P.Nos.2167 and 2168 and of 2022 C. Vimaleswaran ... Petitioner/Accused No.2 Vs.

1. The State rep by The Inspector of Police, F3 Nungambakkam Police Station, Chennai-600 034 (Crime No.401 of 2018)

2. Ezhilarasi

...Respondents/Complainants/

Defacto Complainants PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the Charge Sheet (final report) filed by the 1st respondent in C.C.No.4013 of 2020 on the file of the learned XIV Metropolitan Magistrate, Egmore, Chennai and quash the same.

For Petitioner : Mr.A.K.Gajendhra For Respondent-1 : Mr.A.Gokulakrishnan Additional Public Prosecutor For Respondent-2 : NA

ORDER

This criminal Original Petition has been filed challenging the Charge Sheet filed by the 1st respondent in C.C.No.4013 of 2020 on the file of the learned XIV Metropolitan Magistrate, Egmore, Chennai and quash the same.

2. It is the contention of the learned counsel for the petitioner that the petitioner being a Journalist, had published certain articles about the illegal activities of the officials in the police department and hence, false cases have been foisted against the petitioner in various police stations. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned Additional Public Prosecutor submitted appearing for the respondent police.

4. A perusal of the final report indicates that there are certain materials available on record particularly, the alleged threat made to the defacto complainant through cell phone and records have been collected. Though, prima facie materials available in the record, the probative value of the evidence cannot be gone into at this stage. Hence, this Court is unable to persuade with such submissions.

5. In such view of the matter, this Criminal Original Petition stands dismissed. Consequently, connected Miscellaneous Petitions are closed.

6. The trial Court shall proceed and decide the case as per law as expeditiously as possible.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ksa-2/anu To

1. The XIV Metropolitan Magistrate Court, Egmore, Chennai 2.-Do through The Chief Metropolitan Magistrate, Egmore, Chennai.

3. The Inspector of Police, F3 Nungambakkam Police Station, Chennai-600 034

4. The Public Prosecutor High Court, Madras.

+1cc to Mr.A.K.Gajendhra, Advocate, S.R.No.33825 Crl.O.P.No.4307 of 2022 and Crl.M.P.Nos.2167 and 2168 and of 2022 AJS(CO) CT/01/07/2022 https://hcservices.ecourts.gov.in/hcservices/