Madras High CourtCRL OP/22707/2022allowed

G.R.Apparaj v. The State Rep By

2024-02-16Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 22707 of 2022 & Crl.MP. 14565 & 14566 of 2022 1.G.R.Apparaj 2.Mohammed Ali ...petitioners Vs.

1 The Sub Inspector of Police, Chintadripet Police Station, Triplicane, Chennai.

2. P.Vignesh

...Respondents

PRAYER : This petition has been filed under Section 482 of Cr.P.C, to call for records in C.C. No. 2067 of 2021 on the file of the learned XIV Metropolitan Magistrate Court, Egmore and to quash the same. For Petitioner: Mr.R.Thirumoorthy For R1 : Mr.S.Vinoth Kumar, Government Advocate (Crl. Side)

ORDER

The petitioner herein filed this petition to call for records in C.C. No. 2067 of 2021 on the file of the learned XIV Metropolitan Magistrate Court,

Egmore and to quash the same.

2. The case of the prosecution is that, the defacto complainant lodged a complaint against the petitioners stating that on 20.01.2018, at about 6.30 a.m., the petitioner along with other accused persons restrained the customer who have come to the defacto complainant's fish shop and abused and threatened him. Based on the said complaint the respondent police filed a FIR under Section 294(b), 506 (i) of IPC in crime No. 183 of 2018 and after investigation the respondent police filed a charge sheet in C.C No. 2067 of 2021 before the XIV Metropolitan Magistrate Court, Egmore. Hence, the petitioners filed this petition to quash C.C No. 2067 of 2021.

3. Heard both sides.

4. Considering the facts of the case, the allegation against the petitioners is that they were abused the defacto complainant and threatened him while business in the fish market. On seeing the facts of the case, both the petitioner and the defacto complainant are fish vendors in the market. Further, on perusal of the records it reveals that there is no basic material ingredients against the petitioners to show that they were intentionally abused the defacto complainant in the fish market. Hence, final report filed in C.C No. 2067 of 2021 is hereby quashed.

5. In the result, this petition is allowed. No Costs. Consequentially,

connected miscellaneous petition are closed.

16.02.2024 pbl To The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

pbl

CRL.OP No. 22707 of 2022 & Crl.MP. 14565 & 14566 of 2022 16.02.2024