Rajkanth v. The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.19242 of 2019 in Crl.M.P.No.9836 of 2019 Rajkanth

...Petitioner/8th Accused

Vs.

1.The Sub Inspector of Police, Vadavalli Police Station, Coimbatore District - 641 046.

...Respondent / Complainant

2.M.Kalaiarasan

...Respondents /

Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in relation to PRC.No.24 of 2015 pending on the file of the Judicial Magistrate No.VI, Coimbatore and quash the same insofar as the petitioner herein is concerned.

For Petitioner : Mr.Nithyaesh Natraj For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records in relation to PRC.No.24 of 2015, pending on the file of the Judicial Magistrate No.VI, Coimbatore and quash the same insofar as the petitioner.

2. Despite repeated opportunities given, there is no representation for the second respondent, who is stated to be the de facto complainant in respect of Crime No.506 of 2013.

3. When this Criminal Original Petition was taken up, the learned Additional Public Prosecutor appearing for the first respondent has fairly submitted that there is no specific or particular allegation recorded against the petitioner herein, who is arrayed as 8th accused.

https://hcservices.ecourts.gov.in/hcservices/

4. On a perusal of the First Information Report as well as the other connected materials, it is seen that there is no clinching evidence so as to point out the guilt of the petitioner herein. Considering the fact that the petitioner is a Law Graduate and that there is no clinching evidence or a particular complaint recorded against the petitioner herein. It is also seen that this Court has already quashed the proceedings for most of the accused persons in this case through various orders. The proceedings in P.R.C.No.24 of 2015, on the file of the Judicial Magistrate-VI, Coimbatore, in respect of the petitioner herein, is quashed and the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar ub To 1.The Judicial Magistrate No.VI, Coimbatore.

2.The Sub Inspector of Police, Vadavalli Police Station, Coimbatore District - 641 046.

3. The Public Prosecutor, High Court of Madras.

CRL.O.P No.19242 of 2019 RP(CO) SSM(23/07/2019) https://hcservices.ecourts.gov.in/hcservices/