Madras High CourtCRL OP/1626/2021allowed

Murugavel v. State Rep.By

2021-02-19Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.1626 of 2021 and Crl. MP. No.955 of 2021 Murugavel ... Petitioner/Sole Accused vs.

1. State rep by:

The Inspector of Police, Sulur Police Station, Coimbatore District.

(Crime No.432 of 2020) ... Respondent/complainant

2. Jaganath N.

Sub - Inspector or Police, Sulur Police Station, Coimbatore District.

... Respondent/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in Crime No.432 of 2020 on the fie of the first respondent police against the petitioner and quash the same.

For Petitioner : Mr.K.T.S.Sivakumar For Respondent : Mr.M.Mohamed Riyaz Addl. Publice Prosecutor, for R1

ORDER

This petition has been filed challenging the FIR registered in Crime No.432 of 2020 pending investigation on the file of the first respondent.

2. The case of the prosecution is that the petitioner was found to be travelled in his Two Wheeler during the pandemic period. The petitioner was not even aware that an FIR has been registered against him and only when he had applied for Passport, on Police verification, he was informed that an FIR is pending against him.

3. Heard Mr.K.T.S.Sivakumar, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the first respondent. https://hcservices.ecourts.gov.in/hcservices/

4. Taking into consideration the facts and circumstances of the case, and the frivolous nature of the allegation made against the petitioner and by bringing this case within the scope of Section 95 of the Indian Penal Code, which deals with general exceptions, the FIR registered against the petitioner in Crime No.432 of 2020 on the file of the first respondent is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS.VI) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Sulur Police Station, Coimbatore District.

2. The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1cc to Mr.K.T.S.Sivakumar, Advocate SR.NO..10119 AKM/15.03.21/2P-4C/ Crl.O.P No.1626 of 2021 and Crl. MP. No.955 of 2021 19.02.2021 https://hcservices.ecourts.gov.in/hcservices/