Harinath v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.30099 of 2024 and Crl.M.P.No.16987 of 2024 Harinath ... Petitioner Vs.

The State represented by its:

1. The Inspector of Police K2, Ayanavaram Police Station Chennai - 23 (Crime No.135 of 2023)

2. Raja Devnath ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records pertaining to S.C.No.450 of 2023 on the file of the learned Sessions Judge, Magalir Needhimandram, Chennai and quash the same. For Petitioner : Mr.S.Manoharan For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to quash the case in S.C.No.450 of 2023 on the file of the learned Sessions Judge, Magalir Needhimandram, Chennai.

2. The learned counsel for the petitioner submitted that based on a false complaint given by the 2 nd respondent, the respondent police registered FIR against the petitioner and others for the offence under Sections 195A, 307 and 109 IPC in Crime No.135 of 2023 as if, the petitioner/A1 conspired with A2 and upon their instruction, A3 to A5 threatened and attempted to murder the defacto complainant/2 nd respondent and his mother. The contention of the petitioner is that there is no evidence or material to implicate the petitioner into this case. Therefore, the proceedings in S.C.No.450 of 2023 on the file of the learned Sessions Judge, Magalir Needhimandram, Chennai has to be quashed.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1 st respondent and also perused the 2/5

materials available on record.

4. Since no adverse order is being passed against the 2 nd respondent, notice to the 2 nd respondent is dispensed with.

5. A reading of the complaint and the statements recorded from the list of witnesses under Section 161(3) Cr.P.C. shows prima facie material to implicate the petitioner as accused in this case. The grounds taken by the petitioner are matter of defence which can be taken only during trial. This Court does not find any merits in this case.

6. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

7. The petitioner is at liberty to take all his defence during trial. 02.12.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Inspector of Police K2, Ayanavaram Police Station Chennai - 23

2. The Public Prosecutor High Court of Madras

3. The Sessions Judge, Magalir Needhimandram, Chennai 4/5

P.VELMURUGAN. J.

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