Madras High CourtCRL OP/7420/2023dismissed

Kalaiarasan v. Inspector Of Police

2023-12-01Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2023

CORAM

THE HONOURABLE MR. JUSTICE Dr. G. JAYACHANDRAN and Crl.M.P.No.4705 of 2023

1. Kalaiarasan

2. Kalviarasan ... Petitioners Vs.

1. Inspector Of Police Kammanpuram Police Station, Cuddalore District.

(Crime No.79/2014)

2. Malliga ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.79/2014 on the file of the Inspector of Police, Kammapuram Police Station, Cuddalore District in so far as these petitioners are concerned and quash the same. 1/4

For Petitioners : Mr.S.Sasikumar For Respondents : Mr.Leonard Arul Joseph Selvam, Government Advocate (Criminal Side), (for R1) No Appearance ( For R2)

O R D E R

This Criminal Original Petition is filed to call for the records in Crime No.79 of 2014 on the file of the Inspector of Police, Kammapuram Police Station, Cuddalore District in so far as these petitioners are concerned and quash the same.

2. The learned Counsel appearing for the petitioner would submit that the petitioner did not commit any offences as alleged in the impugned FIR. Without any base, the respondent Police registered a case as against the petitioner in Crime No. 79 of 2014 for the offences under Sections 294(b), 323, 427, 506(II) of IPC. Hence he prayed to quash the same. 3.The learned Government Advocate (criminal side) would submit that these writ petitioners were junior at the time of occurrence of the FIR 2/4

and the proceedings against them had been terminated by the Board vide order dated 08.11.2023 in J.C. FIR. No.79 of 2014. Nothing survives in this petition and hence, he prayed for dismissal of this petition.

4. Perused the materials available on record.

5. In view of the above, this Court is not inclined to quash the FIR in Crime No. 79 of 2014. Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is also dismissed.

01.11.2023 Index : Yes/No sha To

1. Inspector Of Police Kammanpuram Police Station, Cuddalore District.

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

3/4

Dr. G. JAYACHANDRAN . J., (sha) 01.12.2023 4/4