Madras High CourtCRL OP/13126/2021dismissed

K.S.Balaji v. State Rep.By

2021-08-02Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.13126 of 2021 and Crl.M.P.No.7214 of 2021 K.S.Balaji ... Petitioner Vs.

1.State Represented by The Inspector of Police, All Women Police Station, Ammapet, Salem, Salem District.

2.Dr.Angayarkanni 3.Dr.T.E.Balaji ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the FIR in Crime No.6 of 2018 on the file of All Women Police Station, Ammapet, Salem Town and to quash the same. For Petitioner : Mr.M.Sarpudeen Ali Ahamed For R1 : Mr.A.Damodaran Government Advocate [Crl. Side] * * * * *

O R D E R

The Criminal Original Petition filed to call for the records pertaining to the FIR in Crime No.6 of 2018 on the file of All Women Police Station, Ammapet, Salem Town and to quash the same. 2.A case has been registered on the complaint of the defacto complainant against the petitioner/A1 in Crime No.6 of 2018 for the offence under Sections 354 C, 354 D, 506 (i) and 109 IPC. 3.The contention of the petitioner in this case is that the petitioner is a Lawyer in the District of Salem. The second accused viz., Dr.T.E.Balaji used to consult the petitioner for all his legal problems. The third respondent had some matrimonial dispute with the defacto complainant. The petitioner had advised third respondent, for which the defacto complainant https://hcservices.ecourts.gov.in/hcservices/

made allegation as though the petitioner by showing the nude photographs of the defacto complainant threatened her that her nude photos will be circulated in Social Media to one and all and also called her to Yerkaud a hill station to settle the issue. Further a property was forcibly obtained from her. He further submitted that he had discharged his duty as an Advocate and as alleged. Hence, he prayed for quashing of this Criminal Original Petition.

4.The learned Government Advocate (Crl. Side) submitted that investigation in this case completed and the case is closed as Mistake of Fact and RCS Notice served to the second respondent/defacto complacent in RCS No.2 of 2019 and the final report filed before the Additional Mahila Court, Salem. 5.In view of the same, nothing survives for adjudication in this matter. Hence, this Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ah To 1.The Inspector of Police, All Women Police Station, Ammapet, Salem, Salem District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Sarpudeen Ali Ahamed, Advocate, S.R.No.37592 Crl.O.P.No.13126 of 2021 and Crl.M.P.No.7214 of 2021 JPL(CO) B.VC(19/08/2021) https://hcservices.ecourts.gov.in/hcservices/