Madras High CourtCRL OP(MD)/1040/2022allowed

Prabakaran @ Prabhu v. The Inspector Of Police

2022-01-27Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.1040 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1040 of 2022 and Cr.M.P(MD)No.745 of 2022 Prabakaran ... Petitioner/Accused No.3 Vs.

1.The State represented by The Inspector of Police, Sempatti Police Station, Dindigul District.

(Crime No.262 of 2018) ... 1st Respondent/ Complainant 2.M.Chandrasekar ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first respondent to delete the petitioner's name in Crime No.262 of 2018, dated 09.09.2018 by the first respondent.

For Petitioner : Mr.J.Imrankhan For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R.1 Mr.B.Prahalad Ravi for R.2

ORDER

Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the defacto complainant.

2. This Criminal Original Petition has been filed for quashing the impugned FIR. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the final report has been made ready and the petitioner has been shown as A.4. But then, the learned Additional Public Prosecutor would state that the petitioner is figuring as fourth accused. The defacto complainant had categorically states before this Court that the petitioner's name has been wrongly included and therefore, he has no objection for deleting the petitioner's name. In view of the stand taken by https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1040 of 2022 the second respondent, the first respondent is directed to delete the name of the petitioner while filing the final report before the jurisdictional Court. In other words, the impugned prosecution stands quashed as far as the petitioner is concerned. This Criminal Original Petition is allowed on these terms. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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 Inspector of Police, Sempatti Police Station, Dindigul District.

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

+1 CC to M/s.J.IMRAN KHAN, Advocate ( SR-2710[F] dated 28/01/2022 ) Crl.O.P(MD)No.1040 of 2022 and Cr.M.P(MD)No.745 of 2022 27.01.2022 PK(CO) KB(28.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2