Madras High CourtCRL OP(MD)/121/2022allowed

Karthikeyan v. The Sub Inspector Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.121 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.121 of 2022 and Crl.M.P.(MD)No.86 of 2022 1.Karthikeyan 2.Rengasamy 3.Subramanian ... Petitioners/ Accused No.1 to 3 Vs 1.The State rep. by The Sub Inspector of Police, Kadayam Police Station, Tirunelveli District, (Crime No.106 of 2020) ... 1st Respondent/ Complainant 2.Sarsaian Sub Inspector of Police, Kadayam Police Station, Tirunelveli District.

...2nd Respondent/ Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records relating to the proceedings of FIR in Crime No.106 of 2020 on the file of the first respondent and quash the same as against the petitioners herein.

For Petitioners : Mr.K.P.Narayanakumar For Respondents : Mr.A.Albert James Government Advocate (crl.Side)

ORDER

Heard the learned counsel for the petitioners and the learned Government Advocate for the respondents.

2. The petitioners have been booked for the offence under Section 291 of IPC. It has been held vide order dated 09.11.2021 in Crl.O.P.(MD)No.16135 of 2021 that Section 291 of IPC can be invoked only if there has been a breach of the order passed under Section 441 of Cr.P.C. In the case on hand, no such order has been breached. Only police directives have been sought to be defied.

3. Since the aforesaid decision clearly applies to the case on hand, the impugned FIR is quashed. This Criminal Original https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.121 of 2022 Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Sub Inspector of Police, Kadayam Police Station, Tirunelveli District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.P.NARAYANAKUMAR, Advocate ( SR-895[F] dated 10/01/2022 ) Crl.O.P(MD)No.121 of 2022 06.01.2022 RD(31.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2