Imanuvel v. State By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Imanuvel ... Petitioner Vs

1. State by:

The Inspector of Police, Ranipettai Police Station, Vellore District.

(Crime No.384 of 2012)

2. Sabapathi ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 of Cr.P.C, to call for the records of FIR in Cr.No.384 of 2012 on the file of respondent No.1 Police Station and quash the same.

For Petitioner : Mr.P.Pugalenthi For R1 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed challenging the FIR in Cr.No.384 of 2012 on the file of first respondent and to quash the same.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.side) for the first respondent and perused the materials available on record.

3. The case of the prosecution is that on 25.06.2012, afternoon, there was quarrel between two students who were studying in the Government School in Amur. Thereafter, the accused and the defacto complainant quarreled with each other and the accused abused the defacto complainant with filthy language. Hence, the complaint.

4. On the complaint, the first respondent registered FIR in Crime No.384 of 2012 for the offences punishable under Sections 147, 148, 294(b), 341, 307 of IPC and Section 3 of TNPPDL Act. For the very same occurrence, a counter complaint was also lodged by the petitioner's group in Crime No.383 of 2012. After completion of investigation in Crime No.383 of 2012, the first respondent filed a final report and the same has been taken cognizance in Spl.S.C.No.64 of 2020.

5. Now, the case in Spl.S.C.No.64 of 2020 has been ended in acquittal. Further, the first respondent, without following any of the procedures

laid down under Order 566 of Police Standing Order, kept the present impugned FIR pending and filed final report only in the counter complaint registered in Crime No.383 of 2012 and the same has been ended in acquittal. Therefore, mere keeping the FIR in Crime No.384 of 2012 pending, would not serve any purpose.

6. In view of the above, in order to meet the ends of justice, the impugned FIR in Crime No.384 of 2012 on the file of the first respondent is liable to be quashed. Accordingly, the FIR in Crime No.384 of 2012 on the file of the first respondent is hereby quashed.

7. In the result, this Criminal Original Petition stands allowed. 18.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn G.K.ILANTHIRAIYAN. J, mn

To

1. The Inspector of Police, Ranipettai Police Station, Vellore District.

2. The Public Prosecutor, High Court, Madras.

18.03.2025