Madras High CourtCRL OP/28951/2018allowed

I.Annamalai v. State Rep. By

2019-03-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 28951 of 2018 and Crl.MP. Nos. 16918 & 16920 of 2018 I. Annamalai .. Petitioners Vs.

1. State represented by The Inspector of Police, Vadavalli Police Station, Coimbatore District (Crime No. 506 of 2013)

2. Kalaiyarasan .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to P.R.C. No. 24 of 2015 on the file of the Judicial Magistrate No.VI, Coimbatore and quash the same.

For Petitioner : M/s.G. Bala For Respondent : Mr. M. Mohamed Riyaz, Addl. Public Prosecutor - For R1

O R D E R

The prayer in the present petition is to call for the records pertaining to P.R.C. No. 24 of 2015 on the file of the Judicial Magistrate No.VI, Coimbatore and quash the same. 2.Despite repeated opportunities given, there is no representation for the second respondent, who is stated to be the de facto complainant in respect of Crime No.506 of 2013. 3.When this Criminal Original Petition was taken up, the learned Additional Public Prosecutor appearing for the first https://hcservices.ecourts.gov.in/hcservices/

respondent has fairly submitted that there is no specific or particular complaint recorded against the petitioner herein, who is arrayed as 26th accused.

4.On a perusal of the First Information Report as well as the other connected materials, it is seen that there is no clinching evidence so as to point out the guilt of the petitioner herein. Considering the fact that the petitioner is a Law Graduate and that there is no clinching evidence or a particular complaint recorded against the petitioner herein, the proceedings in P.R.C.No.24 of 2015 on the file of the Judicial Magistrate No.VI, Coimbatore, in respect of the petitioner herein, is quashed and the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ak To

1. The Judicial Magistrate No.VI, Coimbatore.

2. The Inspector of Police, Vadavalli Police Station, Coimbatore District

3. The Public Prosecutor High Court, Madras.

+1 cc to M/s.S.Bala & Daisy, Advocate, Sr.No. 22496 Crl.O.P.No. 28951 of 2018 and Crl.MP. Nos. 16918 & 16920 of 2018 SSP(CO) CSL/26.04.2019 https://hcservices.ecourts.gov.in/hcservices/