Manirathinam v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.No. 11959 of 2022 Manirathinam ... Petitioner Vs.

1. State by Inspector of Police, Viridhachalam Police Station, Cuddalore Dt.

(Crime No.727 of 2021)

2. Mahalakshmi .. Respondents PRAYER : Criminal Original Petition filed under Sec.482 of Criminal Procedure Code, to call for the records in Crime No.727 of 2021 on the file of Inspector of Police, Viridhachalam Police Station, Cuddalore District in so far as this petitioner is concerned and quash the same. For Petitioner : Mr.M.R.Elavarasan For Respondents : Mr. S.Vinoth Kumar Govt. Advocate (Crl. Side) for R1 1/5

O R D E R

This Criminal Original Petition has been filed seeking to quash the F.I.R. in Crime No.727 of 2021 on the file of 1st respondent police in so far as this petitioner is concerned.

2. Heard both sides.

3. The case of complainant is that there is a land dispute between family members of defacto complainant and petitioner, due to which, the petitioner said to have threatened and abused her husband with man and muscle power. On 09.08.2021, her husband went to his land, but not returned back to home and thereafter, she came to know that her husband consumed poison and subsequently, inspite of effective treatment, he died in the hospital. Hence, the complaint.

4. The learned counsel for petitioner would submit that he is one of the accused in Crime No.727 of 2021 and he is no way connected with 2/5

the alleged criminal case. He would submit that in order to cancel his appointment through TNPSC, the defacto complainant wantonly included the name of this petitioner. However, he came to know that the respondent police filed a report by removing his name. But only on receipt of cancellation of appointment, he came to know that his name was not removed in the final report. As he has been falsely implicated in the criminal case, he prayed to quash the proceedings in the F.I.R.

5. Records perused. During investigation, it reveals that the dispute arose between husband and wife with regard to adjacent land, thereby out of frustration, he committed suicide. A3, A4 and A5 including the petitioner are no way connected with the alleged occurrence. Therefore, according to investigation, A1 and A6 Murugesan and Rajeswari alone were involved in the alleged occurrence and A3, A5 and A6 have not involved in the occurrence. Therefore, they were already removed from the criminal case. Now, in so far as this petitioner is concerned, the learned Government Advocate submitted that this petitioner name was removed from the F.I.R. to that effect, he filed a copy of final report and 3/5

the same is recorded. Hence, the relief sought by this petitioner became infructuous. Accordingly, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Criminal Miscellaneous Petition is closed.

05.01.2024 Index : Yes / No Internet : Yes / No Speaking/Non-speaking order rpp To

1. Inspector of Police, Viridhachalam Police Station, Cuddalore Dt.

2. The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

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