Tharakumar Peter v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2022

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Tharakumar Peter ... Petitioner Vs.

1. The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District.

2. Sasikumar .. Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to call for records and quash the FIR in Crime No.211 of 2017 on the file of the Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur. For Petitioner : Mr.D.Parthibhan For R1 : Mr.S.Santhosh Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition has been filed to call for records and quash the FIR in Crime No.211 of 2017 on the file of the Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur. 1/5

2. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case.

3. The learned Government Advocate (Crl. Side) submitted that the petitioner is the one of the accused who had formed unlawful assembly and attacked the defacto complainant and others indiscriminately. In this regard, FIR was registered for the offence under Sections 147, 148, 342, 294(b), 323, 324, 506(2), 307 of IPC. Investigation not yet completed.

4. On reading of the FIR, it is seen that the defacto complainant along with his friends were illegally taking river sand from Palar river at about 07.00.p.m., on 09.06.2017. At that time, the accused went there with a stick and started attacking the defacto complainant and his friends indiscriminately.

5. Considering the nature of the offence alleged to have been committed by the accused persons and that the First Information Report is registered for the offence under Section 307 of IPC, this Court is not inclined to quash the FIR in Crime No.211 of 2017.

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6. Accordingly, this Criminal Original Petition is dismissed. However, the respondent police is directed to complete the investigation and file a final report within a period of two weeks from the date of receipt of copy of this order.

22.12.2022 Sma Index:Yes/No Speaking/Non speaking order To 1.The Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District.

2.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN.J., Sma 4/5

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