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Madras High CourtCRL OP/2532/2022dismissed

C.Vimaleswaran v. The State Rep By

2022-06-09Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.2532 of 2022 and Crl.M.P.No.1238 of 2022 C. Vimaleswaran ... Petitioner/Accused Vs.

1. The State rep by The Inspector of Police, F3-Nungambakkam Police Station Chennai-600 034.

Crime No.400/2018 2.G.Gopinath ... Respondents/Complainant/ Defacto Complainant 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.9119 of 2018 on the file of the learned XIV Metropolitan Magistrate Court, Egmore, Chennai and quash the same.

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

ORDER

This criminal Original Petition has been filed challenging the charge sheet (final report) filed by the 1st respondent in C.C.No.9119 of 2018 on the file of the learned XIV Metropolitan Magistrate Court, 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.

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

https://hcservices.ecourts.gov.in/hcservices/

4. A perusal of the final report indicates that there are certain materials available on record. 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 accept such submissions.

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

Crl.O.P.No.2532 of 2022 and Crl.M.P.No.1238 of 2022 AJS(CO) CT/01/07/2022 https://hcservices.ecourts.gov.in/hcservices/