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Madras High CourtCRL OP/14154/2022dismissed

V.Lingaraja v. The Inspector Of Police

2022-07-11Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11/7/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.14154 of 2022 a n d Crl.M.P.Nos.7734 and 7735 of 2022 V.Lingaraja ...

Petitioner Vs

1. The State rep. By The Inspector of Police Variety Hall Road Police Station Coimbatore.

2. T.R.Ravi Assistant Commissioner South Zone Coimbatore.

...

Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in C.C.No.2223 of 2020, on the file of the Judicial Magistrate No.V, Coimbatore.

For Petitioner ...

Mr.K.S.Karthik Raja For Respondents ...

Mr.E.Raj Thilak Additional Public Prosecutor for R.1.

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O R D E R

This Criminal Original Petition has been filed to quash the proceedings pending in C.C.No.2223 of 2020, in Crime No.852 of 2020, on the file of the Judicial Magistrate No.V, Coimbatore, for the offences punishable under Sections 75 (1) (C) of the Tamil Nadu City Police Act, 1888 and Section 353 of the Indian Penal Code.

2. The case of the prosecution is that on 10/7/2020, the petitioner is alleged to be involved in a quarrel using abusive words with the second respondent and prevented them from discharging their lawful duty.

3. Heard Mr.K.S.Karthik Raja, learned counsel appearing for the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor for the first respondent.

4. A bare perusal of the First Information Report would indicate the allegation against the petitioner is serious in nature and hence, this Court is not inclined to quash the final report.

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5. Accordingly, this Criminal Original Petition is dismissed.

6. At this stage, the learned counsel appearing for the petitioner requested this Court to dispense with the presence of the petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner before the Trial Court is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., or on any other date as may be required by the trial Court. They shall be represented by a counsel, who shall cross examine the witnesses on the same day, when they are examined in Chief.

Consequently, connected Criminal Miscellaneous Petitions are closed. 11/7/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

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N. SATHISH KUMAR, J mvs.

To

1. The Judicial Magistrate No.V, Coimbatore.

2. The Inspector of Police Variety Hall Road Police Station Coimbatore.

3. The Public Prosecutor, High Court, Madras. Crl. O.P. No.14154 of 2022 11/7/2022 Page No:4/4