Prakash v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2018

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P. No.26823 of 2018 and Crl.M.P.No.15469 of 2018 1.Prakash 2.Naveen Lakshmanan ... Petitioners /Accused 24 & 25 Vs.

The State Represented by Inspector of Police, Tirupur North Police Station, Tirupur.

... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to Crime No.766 of 2013 on the file of the Inspector of Police, Tirupur North Police Station, Tirupur District and to quash the same insofar as the petitioners are concerned. For Petitioners : Mr.Karl Marx K.C.

For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking to quash the FIR in Crime No.766 of 2013 pending on the file of the respondent police.

The petitioners, whose names were not initially found in the FIR have been subsequently added as accused and they are ranked A24 and A25.

The case of the prosecution is that on 05.09.2013, there was clash between two groups of students belonging to Government Law College, Coimbatore. The respondent police, based on the incident had registered an FIR in the year 2013 in Crime No.766 of 2013. However, till date no final report has been filed in https://hcservices.ecourts.gov.in/hcservices/

this case.

Earlier A9, A12, A16, A17, A18 and A22, filed a petition before this Court in Crl. O.P. No.7746 of 2018 seeking to quash the FIR. This Court on going through the entire records found that there were no specific overtacts against the petitioners. This Court also found that there has been absolutely no progress in the investigation right from the year 2013 onwards and it will not be in the interest of the parties to continue with the investigation. Admittedly at the time of incident, these petitioners were students and keeping the FIR pending for such a long time without filing a final report goes adverse to the interest of the petitioners.

The order passed by this Court dated 23.03.2018, with regard to the other accused persons will equally hold good for these petitioners also. No useful purpose will be served by keeping the investigation pending in Crime No.766 of 2013. In the result, this Criminal Original Petition is allowed and the FIR in Crime No.766 of 2013, is quashed insofar as these petitioners are concerned.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ia/vsg1 To 1.The Inspector of Police, Thiruppur, North Police Station, Thiruppur.

2.The Additional Public Prosecutor Madras High Court, Chennai.

+1cc to Mr.Karl Mark K.C. Advocate, S.R.No. 82017 Crl.O.P.No.26823 of 2018 VBA(CO) GN(10/12/2018) https://hcservices.ecourts.gov.in/hcservices/