Ramesh Pandian v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2019
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10418 of 2019 and Crl.M.P.No.5394 of 2019 1.Ramesh Pandian 2.S.Uthayasingh 3.T.Barath 4.K.Sathish Kumar 5.T.Tamil Selvan 6.P.Selvakasi
...Petitioners/Accused 9, 21, 22, 23, 29 and 31
Vs.
1.The Inspector of Police Vadavalli Coimbatore (Cr.No.506/2013) ... Respondent/Complainant 2.M.Kalaiarasan
...Respondents/Defacto Complainant
PRAYER:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the case in P.R.C.No.24 of 2015 on the file of the learned Judicial Magistrate-VI, Coimbatore and quash the same as illegal. For Petitioners: Mr.R.Jaganathan For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1
O R D E R
This Criminal Original Petition has been filed to quash the charge sheet in P.R.C.No.24 of 2015 on the file of the Judicial Magistrate-VI, Coimbatore.
2.Despite repeated opportunities given, there is no representation for the 2nd respondent, who is stated to be the defacto complainant in respect of Crime No.506 of 2013. 3.When this Criminal Original Petition was taken up, the learned Additional Public Prosecutor appearing for the 1st respondent has fairly submitted that there is no specific or https://hcservices.ecourts.gov.in/hcservices/
particular complaint recorded as against the petitioners herein, who are arrayed as 9, 21, 22, 23, 29 and 31 accused. 4.On a perusal of the First Information Report as well as the other connected materials, it is seen that there is no clinching evidence so as to point out the guilt of the petitioners herein. Considering the fact that the petitioners are the Law Graduates and that there is no clinching evidence or a particular complaint recorded as against the petitioners herein, the proceedings in P.R.C.No.24 of 2015 on the file of the Judicial Magistrate-VI, Coimbatore, in respect of the petitioners herein, is quashed and the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Vadavalli Police Station, Coimbatore District.
2.The Judicial Magistrate-VI, Coimbatore.
3.The Public Prosecutor, Madras High Court, Chennai-600 104.
+7ccs to Mr.R.Jaganathan, Advocate sr.37329 Crl.O.P.No.10418 of 2019 and Crl.M.P.No.5394 of 2019 nr 08/05/2019 https://hcservices.ecourts.gov.in/hcservices/