S.Lenin v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2024 CORAM :

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.10423 of 2024 S.Lenin .. Petitioner

Versus

1. The state represented by Inspector of Police, H1 Washermanpet Police Station, Chennai.

(Crime No.335 of 2024)

2. Manirathinam .. Respondents Prayer in Crl.O.P.No.7841 of 2020 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the First Information Report in Crime No.335 of 2024 dated 14.05.2024 pending investigation before the respondent Police and quash the same.

For Petitioner : Mr.N.Stalin For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl. Side) for R1 1/4

ORDER

A status report is filed by the respondent Police indicating that the following five cases are pending against this petitioner:- S.No FIR No.

U/S Stage 62/2024 294(b), 323, 392, 397, 427, 336, 506(ii) IPC UI 95/2024 341, 294(b), 323, 336, 392, 397, 506(ii) IPC UI 198/2024 341, 294(b), 323, 392, 397, 336, 506(2) IPC UI 335/2024 341, 294(b), 323, 392, 506(ii) IPC UI 418/2024 341, 294(b), 323, 392, 397, 336, 506(ii) IPC UI

2. The status report is filed indicating that the petitioner herein was arrested along with the other accused on 14.05.2024 on the complaint registered in Crime No.335 of 2024. He managed to influence the de-facto complainant to file an affidavit before the learned Chief Metropolitan Magistrate who was dealing with bail petition and got bail on 27.05.2024. Investigation reveals that some Advocates, on behalf of the petitioner, had forced the informant to file such affidavit. Regarding number of cases under Section 392 of I.P.C registered in the said station for the past six 2/4

months, he has furnished details about five cases registered between 01.01.2024 to 30.06.2024. The complaints in those cases are different.

3. Since the material collected by the prosecution warrants proper investigation, the alleged statement of the de-facto complainant and subsequent retractions are the matters which have to be investigated and placed before the learned Judicial Magistrate concerned for appreciation.

4. This is not a fit case to quash. Hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

01.08.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Inspector of Police, H1 Washermanpet Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

grs and Crl.M.P.No.10423 of 2024 01.08.2024 4/4