C.Kanniappan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13075 of 2020 and Crl.M.P.No.5107 of 2020 1.C.Kanniappan, M/Aged 54 years, S/o. (late) Chockalinga Naicker, No.74, Sengazhini Amman Koil Street, Puzhithivakkam, Chennai - 600 091.

2.C.Vasudevan, M/Aged 45 years, S/o.(late) Chockalinga Naicker, No.68, Sengazhini Amman Koil Street, Puzhithivakkam, Chennai - 600 091.

... Petitioners Vs 1.State by The Inspector of Police, Central Crime Branch-II, Chennai.

(Crime No.126 of 2019) 2.A.R.Arumugam, M/Aged 60 years, S/o.Ramalingam, Presently living in Australia, at Door No.57, Noonan Road, Caversham WA 6055, Australia and a native of Sakarankoil (51-B/81, Lakshmipuram 3rd Street, Sankarankoil) ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to call for records pertaining the FIR in Crime No.126 of 2019 pending investigation on the file of the Inspector of Police, Central Crime Branch-II, Chennai and quash the same as against the petitioners.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioners : Mr.R.Vijayakumar For Respondents :

For R1 : Mr.S.Karthikeyan Additional Public Prosecutor For R2 : No appearance

ORDER

This petition has been filed seeking for a direction directing to quash the proceedings in Crime No.126 of 2019 pending investigation on the file of the Inspector of Police, Central Crime Branch-II, Chennai.

2.On instruction from the first respondent, the learned Additional Public Prosecutor submitted that there is no offence is made out as against the petitioners. He further submitted that the petitioners are going to be shown as witness in the case. Almost now the investigation is completed and they are going to delete the petitioners name from the charge sheet. 3.Recorded the said submission, made by the learned Additional Public Prosecutor this Criminal Original Petition is closed. However, the first respondent police is directed to delete the petitioners name in FIR and file a final report within a period of eight weeks from the date of receipt of copy of this order against other accused. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar vsn To

1. The Inspector of Police, Central Crime Branch-II, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.R.Vijaya kumar, Advocate Sr.No. 31852 Crl.O.P.No.13075 of 2020 and Crl.M.P.No.5107 of 2020 GP(CO) RMP(16/10/2020) https://hcservices.ecourts.gov.in/hcservices/