Hariharan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

1. Hariharan.

2. Sankar.

3. Manaksha.

...

Petitioners

Versus

1.The State rep. by The Inspector of Police, Sirupakkam Police Station, Cuddalore District.

2. Senthilkumar.

...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.137 of 2021 on the file of the Sub Inspector of Police, Siruppakkam Police Station, Cuddalore District and quash the same.

For Petitioners :

Mr.T.Gnana Banu.

For Respondent :

A.Damodaran No.1 Addl. Public Prosecutor Page No.1 of 4

ORDER

The petitioners, who are the accused in Crime No.137 of 2021 for offence under Section 379 IPC, have filed this quash petition. 2.The learned Additional Public Prosecutor submits that in this case, investigation completed, charge sheet filed in C.C.No.259 of 2021 before the Judicial Magistrate No.1, Virudhachalam, for the offence under Section 379 IPC. The petitioners' involvement, in the case, have been confirmed by examining the witnesses LW1 to LW9 and their statements have also confirmed the role played by the petitioners. He further submits that the lower Court, on perusal of the charge sheet, statements, and documents, prima-facie satisfied with the commission of the offence by the petitioner and taken the same on file and issued summon to the petitioners and he strongly objected the same. Page No.2 of 4

3.In view of the same, this criminal original petition is dismissed with liberty to the petitioner to challenge the charge sheet, which is taken on file by the Judicial Magistrate No.1, Virudhachalam. 29.09.2021 Index: Yes/No Internet: Yes/No sms/mpl To

1. The Inspector of Police, Sirupakkam Police Station, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

Page No.3 of 4

M.NIRMAL KUMAR, J.

sms/mpl 29.09.2021 Page No.4 of 4