Singaravelu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6887 of 2022 and Crl.M.P.No.3962 of 2022 Mr.Singaravelu

...Petitioner

Vs

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

2. Mr.Selvakumar ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the FIR registered in Crime No.272 of 2021 on the file of the 1st respondent and quash the same and pass such further or other orders.

For Petitioner : Mr.M.Govindaraju For Respondent 1: Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the FIR registered in Crime No.272 of 2021 on the file of the 1st respondent and quash the same.

2. Learned counsel for the petitioner would submit that on 20.06.2021 at about 11.30 a.m, the defacto complainant along with two other persons have assaulted the Senior paternal uncle of the petitioner. Based on the complaint given by the Senior paternal uncle, a case in Crime No.240 of 2021 for offences under Sections 294(b), 323 and 324 of IPC has been registered by the Respondent Police. As a counter blast, a false complaint has been given by the accused Selvakumar, based on which, a case in Crime No.272 of 2021 has been registered by the very same respondent Police. He would submit that it appears like a case and case in counter. He would further submit that the 2nd respondent and his friends are the aggressors and they have https://hcservices.ecourts.gov.in/hcservices/

assaulted the petitioner and his Senior paternal uncle. He would further submit that the entire episode was recorded in the CCTV camera which was fixed nearby the residence of the petitioner. He would also submit that a case in Crime No.272 of 2021 is a false case.

3. Learned Additional Public Prosecutor would submit that investigation is pending and if at all the entire video is seen by the respondent Police, he will be able to take a decision as who is the aggressor. He would further submit that it is a case and case in counter and the respondent Police is conducting the investigation in accordance with Rule 588 A of the Police Standing Orders and the grounds raised by the petitioner are factual in nature.

4. Heard the learned counsels and perused the materials available on records.

5. It is submitted that the petitioner has got the CCTV footage of the entire episode. Thereby a direction is issued to the respondent Police to take into consideration the CCTV footages and conduct investigation in both the cases and file the final report in accordance with law within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nti/nr To

1. The Inspector of Police, Mallur Police Station, Salem.

2.The Public Prosecutor, Madras High Court, Madras.

+1 cc to Mr.M.Govindaraju, Advocate Sr.NO. 21109 Crl.O.P.No.6887 of 2022 and Crl.M.P.No.3962 of 2022 sr II(CO) A.SK(11/04/2022) https://hcservices.ecourts.gov.in/hcservices/