Madras High CourtCRL OP/20721/2022allowed

Ragavan v. The Inspector Of Police

2024-01-24Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 20721 of 2022 RAGAVAN

...Petitioner

Vs.

1 THE INSPECTOR OF POLICE PALLIKONDA POLICE STATION VELLORE DISTRICT.

2 V.P.PRAKASAM

...Respondents

PRAYER : This petition has been filed under Section 482 of Cr.P.C, to call for the connected records made in Crime No.292/2019 on the file of the Inspector of Police Palikonda Police station and quash the same. For Petitioner : Mr.R.Sankarasubbu For R1 : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) For R2 : Not Appeared

ORDER

The petitioner herein filed this petition to call for the connected records made in Crime No.292/2019 on the file of the Inspector of Police Palikonda Police station and quash the same.

2. The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police stating that on 13.04.2019 the petitioner assaulted the defacto complainant with wooden log and also abused him. Based on the complainant lodged by the defacto complainant the respondent police filed a FIR in crime No. 292 of 2019 under Section 294(b), 323, 506(2) of IPC. Challenging the said FIR the petitioner filed this petition and to quash the same.

4. Despite serving notice there is no representation on the side of the defacto complainant.

5. The learned counsel for the petitioner submits that there was dispute between the father/defacto complainant and son/petitioner herein. Due to the pendency of the FIR the petitioner is not able to stary

his legal carrier as a law graduate. Hence, he prays to allow this petition.

6. Considering the facts of the case, there was family dispute between the father/defacto complainant and son/petitioner herein which culminated into the complaint. Further, there is no prime facie material against the petitioner to show that the petitioner was attacked the defacto complainant on the date of alleged occurrence. Therefore, FIR in crime No. 292 of 2019 is hereby quashed.

7. In the result, this Criminal Original Petition is allowed. No Costs. 24.01.2024 pbl To The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

pbl CRL.OP No. 20721 of 2022

24.01.2024