Dr.M.Ramsankar v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6436 of 2022 and Crl.M.P.No.3598 of 2022 Dr.M.Ramsankar

...Petitioner/Accused

-Vs1.State Rep by, Attur Rural Police Station, Salem District.

Crime No.343 of 2021.

..1st Respondent/Complainant 2.Gunasekaran ..2nd Respondents/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to call for the records pertaining to the FIR in Crime No.343 of 2021 on the file of the 1st respondent police and quash the said FIR. For Petitioner :

Mr.Ramachandran For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 No appearance for R2.

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the FIR in Crime No.343 of 2021 on the file of the 1st respondent police and quash the said FIR. 2.The learned counsel for the petitioner would submit that even as per the FIR, the petitioner was *not present in the scene of occurrence. It is stated that two unknown persons *had intercepted the defacto complainant and they have abused him and also assaulted him with *hammer and that they have not mentioned the name of the petitioner *and other than that there is no material as against the petitioner.

3. Per contra, the learned Additional Public Prosecutor would submit that this is a case where there was previous enmity between the petitioner and the defacto complainant. Pursuant to which, the petitioner had engaged two of his students to assault https://hcservices.ecourts.gov.in/hcservices/

the defacto complainant and they have intercepted the defacto complainant and assaulted him with *hammer, later they were arrested and they have confessed about the petitioner. The defacto complainant was injured and he had also taken treatment in the hospital. He would submit that the grounds raised by the petitioner are factual in nature and no legal grounds has been raised. Further, the investigation is completed and the charge sheet is also made ready and awaiting opinion from the Assistant District Public Prosecutor.

Recording the above said submissions, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) (18/04/2022) *(Corrected as per order of this Court dated 21/04/2022 made in Crl.O.P.No.6436/2022) Sd/- Assistant Registrar(CS-II) (18/04/2022) //True Copy// Sub Assistant Registrar jas/tsh To 1.The Attur Rural Police Station, *To be substituted to the Salem District.

Order already despatched on 20/04/2022 2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Ramachandran, Advocate, S.R.No.21123 Crl.O.P.No.6436 of 2022 and Crl.M.P.No.3598 of 2022 SKM(CO) SB(19/04/2022) CT 02/05/2022 https://hcservices.ecourts.gov.in/hcservices/