← Library
Madras High CourtCRL OP/939/2017allowed

E.Sankar, Aged 29 Years, v. The State Rep. By

2021-02-02Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.939 of 2017 and Crl.M.P No.686 of 2017 E.Sankar

...Petitioner

Vs.

1. The State represented by the Inspector of Police, Sankarapuram Police Station, Villupuram District.

2. V.Duraiarasan

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to quash the final report filed in STC No.691 of 2015 on the file of Judicial Magistrate, Sankarapuram.

For Petitioner : D.K.Ravishankar For Respondents : MR.C.Raghavan Government Advocate for No appearance for R2

ORDER

This Criminal Original Petition has been filed for seeking to quash the proceedings in S.T.C.No.691 of 2015, pending on the file of the learned Judicial Magistrate, Sankarapuram.

2. A final report has been filed for the offences under Sections 143, 188 and 353 I.P.C. Insofar as the offences under Sections 188 and 143 I.P.C are concerned, this case is squarely covered by the judgment of this Court in Crl.O.P.(MD).No.1356 of 2018 etc batch, dated 20.09.2018. Insofar as the offence under Section 353 I.P.C is concerned, no case has been made out and the alleged offence is intrinsically connected with the other offences under Sections 188 and 143 I.P.C. Therefore, the final report is liable to be quashed even insofar as the offence under Section 353 is concerned.

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

3.In view of the above, the proceedings in S.T.C.No.691 of 2015 pending on the file of the learned Judicial Magistrate, Sankarapuram is hereby quashed. Accordingly, the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rka To 1.The Inspector of Police, Sankarapuram Police Station, Villupuram District.

2.The Judicial Magistrate, Sankarapuram.

3.The Additional Public Prosecutor, Madras High Court, Chennai GMP(CO) SM/23/02/2021 Crl.O.P. No.939 of 2017 https://hcservices.ecourts.gov.in/hcservices/