M.Hariharasuthan v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.21063 of 2024 M.Hariharasuthan .. Petitioner Vs.

1.State, Rep by its Inspector of Police, J1, Saidapet Police Station, Chennai-600 015.

2. A.Illayaraja .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in connection with FIR No.127 of 2024 dated 08.04.2024 on the file of the Inspector of Police, J1, Saidapet Police Station, Chennai 600 015 and quash the same.

For Petitioner : Mr.A.B.Ashok Kumar For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side) for R1

O R D E R

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This Criminal Original Petition is filed to quash the complaint in Cr.No.127 of 2024 for offence under Sections 294(b), 323, 324, 397 and 506(ii) of IPC.

2. The learned counsel appearing for the petitioner submits that though the name of the petitioner is not in the complaint, the police has falsely impleaded him in this case and the subsequent statement of the complainant, whereas the complainant himself has filed an affidavit stating that he know the petitioner personally and he was not associated in the offence. In the said circumstances, the learned counsel for the petitioner states that the complaint against him has to be quashed.

3. This Court is of the view that the petitioner's name is not found in the FIR who was not arrested in this case. Therefore, on apprehension that he will be arrayed as an accused in the final report is before this Court.

4. The learned Government Advocate (Crl.Side) appearing for the 2/5

petitioner submits that in the further statement of the complainant, he has referred one Sudhan who is none other than the petitioner whose school name is Harihara Sudhan.

5. The respondent police infact shall take note of the affidavit filed by the defacto complainant Ilaya Raja in this matter and also ascertain whether the petitioner was really involved in the incident which is subject matter of investigation in Cr.No.127 of 2024 and thereafter the respondent police shall file final report.

6. If the petitioner is aggrieved by the final report in any manner, it is always open to him to challenge the same under appropriate provision of law.

7. With the above directions, this Criminal Original Petition is disposed of.

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1. The Inspector of Police, J1, Saidapet Police Station, Chennai-600 015.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN,J.

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