Madras High CourtCRL OP/20945/2019allowed

Rajendran v. The Sub Inspector Of Police

2019-08-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20945 of 2019 and Crl.M.P Nos.10805 and 10806 of 2019 1.Rajendran 2.Venkatesan 3.Chakravarthy 4.Karikalan 5.Prabhakaran 6.Parthiban ... Petitioners vs.

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

2.M.Kalaiarasan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in P.R.C No.24 of 2015 pending on the file fo the Judicial Magistrate VI, Coimbatore and quash the same insofar as the petitioners herein are concerned.

For Petitioner : Mr.K.Balu For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in P.R.C N.24 of 2015 on the file of the Judicial Magistrate-VI, Coimbatore.

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

respondent has fairly submitted that there is no specific or particular complaint recorded against the petitioners herein, who are arrayed as A32, A33, A35 to A38.

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 petitioners herein. Considering the fact that the petitioners are Law Graduates and that there is no clinching evidence or a particular complaint recorded against the petitioners herein, the proceedings in P.R.C No.24 of 2015 on the file of the Judicial Magistrate-VI, Coimbatore, in respect of the petitioners herein, is quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate No.VI, Coimbatore.

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

+1 cc to M/s.K.Balu,Advocate Sr.No. 67007 Crl.O.P No.20945 of 2019 and Crl.M.P Nos.10805 and 10806 of 2019 AKM/ 28.08.19/ 2P-4C / https://hcservices.ecourts.gov.in/hcservices/