E.Sivanesan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2016
CORAM
THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.27002 of 2010 and M.P.Nos.1 and 2 of 2010 E.Sivanesan Petitioner vs.
State rep by The Inspector of Police Pazhavanthangal Police Station Pazhavanthangal, Chennai.
Respondent Criminal Original Petition filed under Section 482, Cr.P.C. to call for records to quash the criminal proceedings initiated by the respondent in Cr.No.368 of 2010 dated 05.11.2010. For petitioner Ms.G.Sudha for Mr.S.Mohanasundararajan For respondent Mr.C.Emalias, Additional Public Prosecutor, for R1
ORDER
This petition has been filed to call for records and to quash the criminal proceedings initiated by the respondent in Cr.No.368 of 2010 dated 05.11.2010.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.
3. On the complaint lodged by Bharath Kumar, the respondent police have registered a case in Cr.No.368 of 2010 on 05.11.2010 u/s 294(b), 341, 323 and 506(ii) IPC against Boopathy and his father Sivanesan, challenging which Sivanesan is before this Court.
4. On a reading of the FIR it is seen that, on Deepavali day, crackers were being burst in the street by the complainant and the accused in front of their houses. While so it is alleged by the complainant that Boopathy was deliberately bursting rocket crackers pointing towards the house of the complainant, on account of which the complainant's car was damaged. When the complainant questioned Boopathy, he appears to have assaulted the complainant. It is further alleged that Sivanesan, father of Boopathy also joined hands and attacked the complainant.
5. Learned counsel for the petitioner submitted that Sivanesan is a 75 years old infirm man and the entire allegation appears very improbable.
6. This Court carefully perused the FIR and it is seen that the de facto complainant is aged about 33 years old and it is alleged in the complaint that Boopathy was drunk at that time. On account of a quarrel in connection with the bursting of crackers, this fight appears to have ensued between Boopathy and complainant. The allegations against the petitioner are indeed very frail.
In the result, this petition is allowed and the prosecution as against the petitioner/Sivanesan alone in Cr.No.368 of 2010 is hereby quashed. Investigation in Cr.No.368 of 2010 shall proceed against Boopathy. Consequently, connected miscellaneous petitions are closed.
Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR gms To 1.The Inspector of Police Pazhavanthangal Police Station Pazhavanthangal, Chennai.
2.The Public Prosecutor, High Court, Madras.
+1 c.c to M/S.S. MOHANASUNDARARAJAN, ADVOCATE SR.NO. 57598 MMP 22.10.2016 Crl.O.P. No.27002 of 2010
05.10.2016