K.Manjunadhasamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.No. 2002 of 2022

1. K.Manjunadhasamy

2. Kumarasamy

3. Subbamal

4. Dhanalakshmi ... Petitioners

Versus

1. The State rep. by The Inspector of Police, Malliyakarai Police Station, Malliyakarai, Salem Dt.

(Crime No. 221 of 2020)

2. Shanmugasundaram ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records relating to C.C.No.222 of 2021 on the file of Judicial Magistrate-II, Attur, Salem and quash the same.

Page No.1 of 5

For Petitioner :

Mr.C.Suresh For Respondents :

Mr.S.Vinoth Kumar Govt. Advocate (Crl. Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the criminal case in C.C.No. 222 of 2021 on the file of Judicial Magistrate-II, Attur, Salem.

2. Heard both sides.

3. The learned counsel for petitioners would submit that the 1st petitioner is a press reporter and he actively involved in social works, give his voice to the needy people as against the atrocities done against them. So, till date, he faced number of litigations, thereby, he was falsely implicated in this case. Moreover, the present F.I.R. is nothing but a case on counter since being the reason on 18.06.2020 around 07.30 p.m. the 4th petitioner lodged a complaint against the 2nd petitioner stating that he Page No.2 of 5

along with other accused trespassed into 1st petitioner's shop and criminally intimidated to send 1st petitioner along with them and the same was refused by the 3rd petitioner herein, due to which, they threatened him with dire consequences. Accordingly, based on the complaint of 3rd petitioner, the F.I.R. was registered in Crime No.220 of 2020. He would also submit that there are many discrepancies in the F.I.R. as well as in the charge sheet. Hence, he wanted to quash the proceedings.

4. The learned Government Advocate (Criminal side) appearing for 1st respondent raised objections stating that after completion of investigation, the final report was filed and a charge sheet was taken on file.

5. On seeing the facts, it reveals that offence registered against the petitioners are grave in nature, which requires detailed investigation and also needs evidence. Therefore, on considering the fact that already as per the final report, the petitioners were charged under Sec. 294(b), 323, 341, 324, 506(ii) of I.P.C. in Crime No.221 of 2020 on the file of Judicial Page No.3 of 5

Magistrate-II, Attur, Salem. But, there is no contradictory materials on the side of petitioners to quash the proceedings. Apart from that, the reasons assigned by them to quash the proceedings is baseless and the same is liable to be dismissed. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. 03.01.2024 Index: Yes/No Internet: Yes/No rpp To 1.The Inspector of Police, Malliyakarai Police Station, Malliyakarai, Salem Dt.

2. The Public Prosecutor, High Court, Madras.

Page No.4 of 5

T.V.THAMILSELVI, J.

rpp CRL.O.P.No.4073 of 2022 03.01.2024 Page No.5 of 5