Madras High CourtCRL OP(MD)/1298/2021dismissed

Murugan v. The Inspector Of Police

2021-02-03Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.1298 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.1298 of 2021 and Crl.M.P(MD).No.629 of 2021 Murugan ... Petitioner Vs.

1.The State rep., by The Inspector of Police, Vilakkuthoon Police Station, Madurai City.

(Crime No.1464 of 2020) 2.Jenifer Anitha ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the First Information Report in Crime No.1464 of 2020 on the file of the first respondent Police and quash the same.

For Petitioner : Mr.S.Balasubramanian For Respondent No.1 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

The present petition is filed by the petitioner to quash the First Information Report in Crime No.1464 of 2020 of Vilakkuthoon Police Station, Madurai.

2. Mr.S.Balasubramanian, learned counsel appearing for the petitioner would contend that First Information Report in Crime No.1464 of 2020 of Vilakkuthoon Police Station is liable to be quashed on the following grounds:

(i) The petitioner has not committed any offence much less the offences under Section 354 A of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2002.

(ii) A false case has been foisted against the petitioner and that the First Information Report is an abuse of process of law.

(iii) The present case is filed by the defacto complainant in order to extract money from the petitioner.

3.Mr.S.Chandrasekar, learned Additional Public Prosecutor, who accepts notice on behalf of the first respondent, on instructions, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1298 of 2021 would submit that the petitioner, who is the Sanitary Inspector, has committed an offence punishable under Section 354 A of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and that he is also absconding. His further contention is that the police could not find the whereabouts of the present petitioner.

4.The grounds on which the present petition is filed to quash the First Information Report in Crime No.1464 of 2020 of Vilakkuthoon Police Station are not sufficient to quash the entire proceedings. Merely based on the ipse dixit of the petitioner, it cannot be held that the police has foisted a false case against the petitioner, especially, when the petitioner is a Government Servant. 4.In the facts and circumstances, I do not find any reason to quash the First Information Report. Accordingly, the Criminal Original Petition is dismissed.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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 Inspector of Police, Vilakkuthoon Police Station, Madurai City.

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

Crl.O.P.(MD)No.1298 of 2021 03.02.2021 kg(CO) KB(04.03.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2