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Madras High CourtCRL OP/21699/2019allowed

M.Sathiskumar @ M.Sathish v. The State,

2019-08-13Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.08.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.21699 of 2019 and Crl.MP.No.11247 of 2019 * M.Sathish Kumar @ M.Sathish

...Petitioner/24th Accused

Vs.

1.The State Represented by;

Inspector of Police Vadavalli Police Station Coimbatore District Cr. No.506/2013.

... Respondent/Complainant 2.M. Kalaiarasan ...Defacto Complainant/Respondent PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to P.R.C.No.24/2015 on the file of Judicial Magistrate - VI, Coimbatore and quash the same.

For Petitioners : Mr.J.R.Prabhakaran For Respondents : Mr.M.Mohamed Riyaz Addl. Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in P.R.C No.24 of 2015 on the file of the Judicial Magistrate-VI, Coimbatore.

2. When this Criminal Original petition was taken up, the learned Additional Public Prosecutor appearing for the first respondent has fairly submitted that there is no specific or particular complaint recorded against the petitioner herein, who is arrayed as 24th accused.

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

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

Sd/- Assistant Registrar(CJ-Conf) dated:05.09.2019 //True Copy// *Corrected as per Order of this Court dated 20.09.2021 made in Crl.MP.No.9473/ 2021 in Crl.O.P.No.21699 / 2019 Sd/- Assistant Registrar (CS-III) dated:01.11.2021 Sub Assistant Registrar rka To 1.The Judicial Magistrate - VI, To be Substituted Coimbatore the order already despatched on 2.The Inspector of Police 31.10.2013 Vadavalli Police Station Coimbatore District.

3.The Public Prosecutor High Court of Madras.

+1cc to Mr.J.R.Prabhakaran Advocate, S.R.No.69850 Crl.O.P.No.21699 of 2019 PA(CO) CB(17/09/2019) SU(12/11/2021) https://hcservices.ecourts.gov.in/hcservices/