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Madras High CourtCRL OP/6689/2015dismissed

Raja @ Christhuraja, v. The Inspector Of Police,

2015-03-18Honourable Mr Justice R.S.Ramanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2015

CORAM

THE HON'BLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.No.6689 of 2015 Raja @ Christhuraja

...Petitioner

vs.

1. The Inspector of Police, Andimadam Police Station, Ariyalur District.

2. Mr.Anburaj

...Respondents

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to call for records in Cr.No.328 of 2014, FIR, dated 28.11.2014, on the file of the Inspector of Police, Andimadam Police Station, Ariyalur District, and to quash the same as against the petitioner is concerned.

For Petitioner : Ms.Vijaya For Respondent-1 : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

Based on the complaint given by the second respondent/complainant, First Information Report has been registered against the petitioner and others in Cr.No.328 of 2014, for offence under Sections 294(b), 323, 324 and 506(ii) IPC, and this Petition is filed to quash the said FIR insofar as the petitioner/first accused is concerned.

2. It is submitted by the learned counsel appearing for the petitioner that, as per the FIR, occurrence alleged to have taken place on 26.11.2015, at about 10.00 a.m. and the petitioner, who is working as Assistant Professor in the Department of Commerce, in Mother Gnanamma Women's College of Arts and Science, was attending the Semester Examination conducted by the Bharathidasan University, as Chief Superintendent on 25.11.2014 to 27.11.2014, at 9.30 a.m. to 12.30 p.m. and therefore, the petitioner has not committed the offence, and he has been falsely implicated.

3.

I am unable to accept the contention of the learned counsel for the petitioner. The petitioner has raised the plea of https://hcservices.ecourts.gov.in/hcservices/

alibi,and it is open to him to produce the proof of alibi before the Investigating Officer, and the Investigating Officer can verify the same, if he finds it to be true, he will drop further action against the petitioner. Therefore, at this stage, FIR cannot be quashed. 4.

In the result, the Criminal Original Petition is dismissed. sd -s/d- Assistant Registrar( ) Dt:26/3/2015 True Copy Sub-Assistant Registrar To 1 The Inspector of Police, Andimadam Police Station, Ariyalur District.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.Vijaya & Anandh, Advocates SR 15298 pa(co) prk 27/3 Crl.O.P.No.6689 of 2015 https://hcservices.ecourts.gov.in/hcservices/