← Library
Madras High CourtCRL OP/5635/2019disposed of

P.Asokan v. State Rep. By

2019-03-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5635 of 2019 and Crl.M.P.No.3200 of 2019 P.Asokan ... Petitioner/Accused-1 Vs.

1. State Represented by Inspector of Police, DCB, Vellore.

2. I.Elangovan, ... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records in FIR in Cr.No.5 of 2019, pending on the file of Inspector of Police, DCB, Vellore and quash the same.

For Petitioner : Mr.A.Selvendran For Respondent 1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to quash the FIR in Crime No.5 of 2019 on the file of the respondent police, for offences under Sections 120(b), 420, 465, 466, 468, 471, 474 of IPC, as against the petitioner.

2. The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prayed to quash Crime No. 5 of 2019 on the file of the respondent police.

3. The learned Additional Public Prosecutor would submit that the investigation is almost completed and final report is yet to be filed.

4. It is seen that enquiry conducted by the Vigilance and https://hcservices.ecourts.gov.in/hcservices/

Anti Corruption, City Special Unit - III, Chennai - 35 in respect of the very same allegation and some order has been passed in favour of the petitioner. Considering the facts and circumstances of this case, this court is not inclined to quash the proceedings in Crime No.5 of 2019 on the file of the respondent police. However, the first respondent is directed to consider these aspects and enquire the petitioner and file final report within a period of three months from the date of receipt of a copy of this Order.

5. Accordingly, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sbn/nl To

1. Inspector of Police, DCB, Vellore.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Selvendran, Advocate, S.R.No.20795 Crl.O.P.No.5635 of 2019 and Crl.M.P.No.3200 of 2019 SJ(CO) CS/27/04/2019 https://hcservices.ecourts.gov.in/hcservices/