Madras High CourtCRL OP/2821/2020dismissed as infructuous

Murugappa Gounder v. State Rep.By Its

2020-02-17Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.2821 of 2020 and Crl.MP.No.1696 of 2020 Murugappa Gounder ... Petitioner Vs.

1.State rep. by its The Inspector of Police, Pollachi Town Police Station, Coimbatore District.

2.Arulanandh ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.335 of 2019, on the file of the Inspector of Police, Pollachi Town Police Station, Coimbatore District and quash the same. For Petitioner : Mr.M.N.Balakrishnan For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1

O R D E R

This petition has been filed by the Accused No.5 to quash the FIR in Cr.No.335 of 2019 on the file of the first respondent.

2. The learned counsel for the petitioner has submitted that the petitioner is aged about 90 years and he is suffering from age oriented ailments, partial blindness, complete loss of teeth, partial disablement of all membrane of knee joints and he is confined in bed, but only with a view to harass, he has been added as accused in the aforesaid case and therefore he prayed to quash the FIR against the petitioner.

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3. The learned Additional Public Prosecutor has submitted that after receipt of the complaint from the second respondent, FIR was registered in Cr.No.335 of 2019 on 29.10.2019 under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC r/w Section 4 of Women Harassment Act against one Sivalingam and 6 others. He further submitted that in the said FIR, the petitioner has been arrayed as A5 and his wife has been arrayed as A6. He further submitted that after registering the FIR, the matter has been taken up for investigation and the preliminary investigation reveals that the petitioner herein and his wife Thaivathal (A6) had not participated in the aforesaid crime and accordingly the first respondent has filed a report before the Judicial Magistrate No.I, Pollachi on 15.01.2020, deleting their names.

4. Recording the aforesaid submissions, this petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar drl To 1.The Inspector of Police, Pollachi Town Police Station, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.N.Bala Krishnan, Advocate, S.R.No.13746 CRL.O.P.No.2821 of 2020 and Crl.MP.No.1696 of 2020 KKV/18/05/2020 https://hcservices.ecourts.gov.in/hcservices/