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Madras High CourtCRL OP/25939/2023dismissed

Krishnadass v. Sub Inspector Of Police

2023-11-29Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.18011 of 2023 Krishnadass ... Petitioner Vs.

1.State Rep.by The Sub Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

2.R.Sivasankar ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the records in Crime No.445 of 2023 on the file of 1st respondent and quash the same. For Petitioner : Mr.A.Rajarajan For R1 : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition is filed to quash the FIR registered against the petitioner and four others in Crime No. 445 of 2023 by the Thirunavalur Police Station, Kallakurichi District. 2.

The learned counsel appearing for the petitioner referring the FIR submitted that though the case is registered under Section 120 B, 294(b) & 506 (i), 406 and 420 IPC, no ingredient to attract the offence against the petitioner herein is made out. Hence the complaint against him should be quashed.

3.

However, the learned Government Advocate (Crl.Side) appearing for the State submits that the complaint came to be registered on 03.08.2023 and the police is investigating on the complaint. It is alleged that on 28.06.2023, this petitioner along with others abused and threatened with dire consequence.

4.

FIR cannot be the encyclopaedia of the offence or offender. The Court cannot come to any conclusion about the involvement of the 2/4

petitioners or otherwise in the act of crime alleged in the FIR. Hence this Criminal Original Petition is dismissed. The police is at liberty to continue the investigation and file final report as per material collected in the course of investigation. Consequently, the connected Criminal Miscellaneous Petition is also dismissed.

29.11.2023 Index : Yes/No rpl To 1.The Sub Inspector of Police, Thirunavalur Police Station, Kallakurichi District.

2.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

3/4

Dr.G.JAYACHANDRAN,J.

rpl 29.11.2023 4/4