K.Balakrishnan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2015

CORAM

THE HONOURABLE MR.JUSTICE A.SELVAM Crl.O.P Nos.17846 and 25494 of 2011 & M.P.Nos.1 of 2011 K.Balakrishnan .. Petitioner in Crl.O.P.No.17846/2011

1. V.Karunakaran

2. R.Selvaraj

3. Sathyabama .. Petitioners inCrl.O.P.No.25494/2011 Vs.

The State Rep.by Inspector of Police Vigilance and Anti Corruption Wing Dharmapuri Dharmapuri District .. Respondent in both Crl.O.Ps. Prayer in both Crl.O.Ps.:- Criminal Original Petitions filed under Section 482 Cr.P.C., to call for the records and quash the First Information Report in Crime No.2/AC/2009 of 2009 on the file of the Inspector of Police, Vigilance and Anti Corruption, Dharmapuri, Dharmapuri District as far as the petitioners are concerned. For Petitioners in both Crl.O.Ps.

: Mr.M.R.Jothimanian For Respondent in : Mr.P.Govindarajan, both Crl.O.Ps.

Addl.Public Prosecutor COMMON ORDER These Criminal Original Petitions have been filed under section 482 of Code of Criminal Procedure, 1973 praying to quash the FIR registered in Crime No.2/AC/2009 of 2009.

2. It is averred in both the petitions that the petitioners have been arrayed as accused Nos.1 to 4 in Crime No.2/AC/2009 of 2009 by the respondent. Further it is averred in the petitions that the petitioners have no connection whatsoever with the alleged offences mentioned in the said Crime Number. Under the said circumstances, present petitions have been filed for getting the relief sought for therein.

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3. The learned counsel appearing for the petitioners has contended that the petitioners are innocent persons and they have been falsely implicated by the respondent. Under the said circumstances, present petitions have been filed for quashing the FIR.

4. Per contra, the learned Additional Public Prosecutor has contended that the petitioners have been arrayed as accused Nos.1 to 4 in Crime No.2/AC/2009 of 2009. The respondent has conducted a detailed investigation and a final report has been filed on the file of Chief Judicial Magistrate and Special Court, Dharmapuri and the same has been taken on file in C.C.No.6 of 2012. Under the said circumstances, relief sought for in the present petition cannot be granted.

5. In fact, this Court has perused the entire records and ultimately found that in Crime No.2/AC/2009 of 2009, a detailed investigation has been conducted and consequently, a final report has been filed and the same has been taken on file in Calendar Case No.6 of 2012.

6. Considering the fact that the case against the petitioners has already been investigated, final report has been filed and the same has been taken on file in C.C.No.6 of 2012, the reliefs sought in both the petitions have become infructuous. Accordingly, both Criminal Original Petitions are dismissed. Consequently, the Miscellaneous Petitions are closed.

ajr s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. Inspector of Police Vigilance and Anti Corruption Wing Dharmapuri

2. The Public Prosecutor, High Court, Madras. + 1 cc to Public Prosecutor, SR 53562 lrs(co) prk8/10 Crl.O.P Nos.17846 and 25494 of 2011 https://hcservices.ecourts.gov.in/hcservices/