Madras High CourtCRL OP/16409/2018closed

Ranjith Kumar, M/A.22 Yrs v. The State Rep By

2018-06-26Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.16409 of 2018 and CRL.M.P.No.8452 of 2018 1.Ranjith Kumar 2.Karthick 3.Muthusamy ... Petitioners/A1 to 3 Vs

1. The State rep. by The Inspector of Police, Tiruchengodu Rural Police Station, Namakkal.

..1st Respondent/Complainant

2. Suseendran ..2nd Respondent/Defacto Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in Crime No.80 of 2018 on the file of 1st Respondent and quash the same.

For Petitioners :Mr.W.Camyles Gandhi For Respondents :Mrs.Kritika Kamal.P.

Govt. Advocate (Crl.side), for R1

O R D E R

This Criminal Original Petition has been filed to call for the records in Crime No.80 of 2018 on the file of the first Respondent and quash the same.

2. In respect of an incident that is said to have occured on 14.02.2018, on the complaint given by Muthusamy, a case in Crime No.74 of 2018 has been registered on 15.02.2018 for the offences under Sections 294(b), 324 and 506(ii) of IPC against Kumaragurubaran and others and on the complaint given by Suseendran, a case in Crime No.80 of 2018 has been registered on 16.02.2018 for the offences under Sections 294(b), 324 and 506 (ii) of IPC against Ranjithkumar and others. While so, the petitioners/accused has filed the present quash petition to quash the F.I.R in Crime No.80 of 2018.

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4. Mr.W.Camyles Gandhi, learned counsel for the petitioners submitted that the complaint given on the petitioners' side was registered as F.I.R. in Crime No.74 of 2018 and only as a counter blast, the complaint given by Suseendran has been registered as FIR in Crime No.80 of 2018.

5. However, on a reading of the complaint in Crime No.80 of 2018, the complainant was admitted to the hospital and the statement of the complainant was recorded by the police, based on which, the F.I.R in Crime No.80 of 2018 has been registered.

6. In such view of the matter, one F.I.R. alone cannot be quashed. Hence, this petition is closed, with a direction to the Deputy Superintendent of Police, In-charge of Tiruchengodu Rural Police Station, Namakkal District, to monitor the investigation in Crime Nos.74 of 2018 and 80 of 2018 and the first respondent is directed to complete the investigation as expeditiously as possible in both the cases and take action in accordance with law. Connected miscellaneous petition is closed. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar mk To

1. The Inspector of Police, Tiruchengodu Rural Police Station, Namakkal.

2. The Deputy Superintendent of Police In charge of Thiruchengode Police Station Namakkal District.

3. The Public Prosecutor High Court, Madras.

+1 CC to Mr.W. Camyles Gandhi, Advocate sr 40826. CRL.O.P.No.16409 of 2018 SP(04/07/2018) https://hcservices.ecourts.gov.in/hcservices/