Sharavanan v. Home, Prohibition And Excise Department
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No. 14774 of 2024 and Crl.M.P.Nos.9036 and 9038 of 2024
1. Sharavanan
2. K.Malathi ... Petitioners Vs.
1.
The Deputy Superintendent of Police, Vazhapadi Police Station, Mangamma Salai, Vazhapadi, Salem District.
2.
The Sub-Inspector of Police, Vazhapadi Police Station, Salem District, Crime No.410 of 2023.
3.
P.Angamuthu ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C to call for the entire records pertaining to Spl.S.C.No.6 of 2024 on the file of the Principal Sessions Judge, Salem and quash the same. For Petitioners : Mr.B.Kumarasamy For Respondents : Mr.S.Sugendran Additional Public Prosecutor 1/4
for R1 and R2 Mr.Pranavcharan for R3
O R D E R
This Criminal Original Petition has been filed to call for the entire records pertaining to Spl.S.C.No.6 of 2024 on the file of the Principal Sessions Judge, Salem and quash the same.
2. Heard the learned counsel on either side and the perused the materials available on record.
3. Learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that second respondent/Police altered the offences and filed the final report before the learned Principal Sessions Judge, Salem in Spl.S.C.No.6 of 2024.
4. On a reading of the final report, it is seen that there is a primafacie case to proceed against the petitioners and therefore, that can only be justified only after completion of the trial. Hence, the veracity of the 2/4
charges can be proved only after trial. Therefore, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.
04.11.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.
The Principal Sessions Judge, Salem.
2.
The Deputy Superintendent of Police, Vazhapadi Police Station, Mangamma Salai, Vazhapadi, Salem District.
3.
The Sub-Inspector of Police, Vazhapadi Police Station, Salem District.
4.
The Public Prosecutor, High Court, Madras.
3/4
P.VELMURUGAN, J ms and Crl.M.P.Nos.9036 and 9038 of 2024 04.11.2024 4/4