R.Praveenraj v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.7751 of 2021 and Crl.MP.No.5114 of 2021 R.Praveenraj ... Petitioner/Accused 1 .Vs.

State rep.by 1.The Inspector of Police, E 3- Minjur Police Station, Thiruvallur.

..1st Respondent/ Complainant (Crime No.544of 2015) 2.Chellan ..2nd Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the FIR filed in Crime No.544 of 2015, on the file of the respondent Police, E-3 Minjur Police Station, Minjur, Thiruvallur and to quash the same as against the petitioner herein.

For Petitioner :

Mr.B.Anju For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor for R 1

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.544 of 2015, pending on the file of the 1st respondent Police.

2.The learned counsel for the petitioner submitted that the FIR is of the year 2015 and till date no charge sheet has been filed. He further submitted that it is purely an abuse of process of law. Hence, the FIR is liable to be quashed. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the FIR was registered in the year 2015 and no charge sheet has been filed. 4.On reading of the FIR, it shows that there was an attempt to steal the cattle by the accused person and even according to the FIR, offence was not taken place. That is the reason the FIR was registered under Section 380 r/w Section 511 IPC. Even though the FIR was registered in the year 2015, no progress in the investigation and now the respondent police cannot make the incident as a completed one.

5.Considering the nature of allegations, this Court is of the opinion that keeping the impugned FIR is a futile exercise and is liable to be quashed. Accordingly, FIR in Crime No.544 of 2015, pending on the file of the 1st respondent Police, is hereby quashed.

6.This criminal original petition is allowed with the above directions. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police, E 3- Minjur Police Station, Thiruvallur.

2.The Public Prosecutor High Court, Madras.

+1cc to Mr.S.Jayakumar, Advocate, S.R.No.26828 CRL.O.P.No.7751 of 2021 UM(CO) CB(13/07/2021) https://hcservices.ecourts.gov.in/hcservices/