Madras High CourtCRL OP/22186/2019allowed

D.Navaneethan v. The Sub-Inspector Of Police

2019-08-20Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.22186 of 2019 and Crl.M.P No.11598 of 2019 D.Navaneethan ... Petitioner vs.

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

(Crime No.506 of 2013) 2.M.Kalaiarasan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the final report in P.R.C.No.24 of 2015, on the file of the learned Judicial Magistrate VI, Coimbatore, in so far as the petitioner is concerned and quash the same as illegal. For Petitioner : Mr.Saitanya For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

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.Despite repeated opportunities given, there is no representation for the 2nd respondent, who is stated to be the defacto 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 1st respondent has fairly submitted that there is no specific or particular complaint recorded as against the petitioners herein, who are arrayed as 9, 21, 22, 23, 29 and 31 accused. https://hcservices.ecourts.gov.in/hcservices/

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 the Law Graduates and that there is no clinching evidence or a particular complaint recorded as 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, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar ub To 1.The Judicial Magistrate VI, Coimbatore.

2.Through Chief Judicial Magistrate, Coimbatore.

3.The Sub-Inspector of Police Vadavalli Police Station, Coimbatore.

4.The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.Saitanya Advocate, S.R.No.70558 SPD(CO) CB(26/09/2019) Crl.O.P No.22186 of 2019 and Crl.M.P No.11598 of 2019 https://hcservices.ecourts.gov.in/hcservices/