Madras High CourtCRL OP/17622/2015closed

M.Balaji v. The Deputy Superintendent Of

2015-07-15Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.17622 of 2015 and M.P.No.1 of 2015 M.Balaji .. Petitioner Vs.

1.The Deputy Superintendent of Police, Ambur Range, Vellore District.

2.P.Palani .. Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records relevant to the F.I.R. in Crime No.58 of 2015 on the file of the 1st respondent Police and quash the same. For Petitioner :: Mr.M.V.Muralidaran For Respondents :: Mr.C.Emalias [R1] Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to call for the records relevant to the F.I.R. in Crime No.58 of 2015 on the file of the 1st respondent Police and quash the same.

2. Heard Mr.M.V.Muralidaran, the learned counsel appearing for the petitioner and Mr.C.Emalias, learned Additional Public Prosecutor appearing for the first respondent.

3. On a reading of the complaint, that form the basis of the F.I.R., the complainant has clearly named only Murali, Natarajan, Panneer Selvam, Dilli Babu, Ramesh, Vijayakumar, Yuvaraj and Prem as accused. The name of this petitioner does not find place in the complaint given by the defacto-complainant. Admittedly, this petitioner also belongs to the same village and is known to the defacto-complainant.

4. It is a specific case of the defacto-complainant that the aforesaid persons came by auto-rickshaw and two wheeler on 17.05.2015 and abused the defacto-complainant and one of them even attacked the four named persons. When the defacto-complainant has clearly named the accused in his complaint, surprisingly this petitioner has also https://hcservices.ecourts.gov.in/hcservices/

been arrayed as an accused and arrested.

5. Under such circumstances, the Deputy Superintendent of Police, the Investigating Officer is directed to examine these aspects and if the petitioner is not involved in the offence, his name should be deleted in the final report.

6. With the above direction, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is also closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ds To 1.The Deputy Superintendent of Police, Ambur Range, Vellore District 2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.V.Muralidaran Advocate sr.35853 Crl. O.P. No.17622 of 2015 aa31/07/2015 https://hcservices.ecourts.gov.in/hcservices/