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Madras High CourtCRL OP/18693/2016closed

Lingam @ M.Elangovan v. The Inspector Of Police

2016-08-23Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.18693 of 2016 and Crl.MP.No.8786 of 2016 1.Lingam alias M.Elangovan 2.Easu alias Ravindranath 3.Raghu 4.Balaji 5.S.Karthik ..Petitioners Vs 1.The Inspector of Police, Kelambakkam Police Station, Kanchipuram District.

2.P.N.Ramesh .. Respondents Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the F.I.R in Crime No.438/2016 on the file of the 1st respondent police and quash the same in respect of the petitioners. For Petitioners :Mr.B.Sundara Pandiayan For Respondent :Mr. C.Emalias No.1 Additional Public Prosecutor

ORDER

This criminal original petition has been filed to call for the records pertaining to the F.I.R in Crime No.438/2016 on the file of the 1st respondent police and quash the same in respect of the petitioners.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent.

3. On a reading of the F.I.R., it is seen that on 10.07.2016, the defacto complainant was waylaid by the accused herein and was assaulted. The defacto complainant has also https://hcservices.ecourts.gov.in/hcservices/

suffered multiple injuries. In this regard, the FIR has been registered only on 10.07.2016. Since there are sufficient materials for investigation to proceed, this is not a fit case to quash the prosecution in the light of the law laid down by the Hon'ble Supreme Court in State of Haryana vs. Bhajan Lal [AIR 1992 SC 604]. Hence, the criminal original petition is dismissed. Consequently, connected miscellaneous petition are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar sms To 1.The Inspector of Police, Kelambakkam Police Station, Kanchipuram District.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.A.Rajeshkanna Advocate sr 47823 Crl.OP.No.18693 of 2016 and Crl.MP.No.8786 of 2016 aa14/09/2016 https://hcservices.ecourts.gov.in/hcservices/