Selva Thomas Antony v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2024

CORAM:

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA and Crl.M.P.(MD).Nos.401 and 403 of 2024 Selva Thomas Antony ... Petitioner Vs.

1.The Inspector of Police, Moolaikaraipatty Police Station, Tirunelveli District, In Crime No.104 of 2021 2.Muthuselvi, Co-operative Sub-Registrar, Co-operative Department, Kalakad, Tirunelveli District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to quash the proceedings in S.T.C.281 of 2022, on the file of Judicial Magistrate, Nanguneri.

For Petitioner : M/s.P.Selvakamatchi For R-1 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

ORDER

This petition is filed to quash the proceedings in S.T.C.281 of 2022, on the file of Judicial Magistrate, Nanguneri.

2. The grievance of the petitioner is that the Inspector of Police, Moolaikaraipatty Police Station, Tirunelveli District, registered FIR in Crime No.104 of 2021 against the petitioner for the offences punishable under Sections 171(H) and 171(E) IPC without getting prior permission from the concerned Judicial Magistrate, even though both the offences are non cognizable.

3. A perusal of the FIR clearly shows that the station officer of Moolaikaraipatty Police Station after registering CSR had obtained prior permission from the Judicial Magistrate, Nanguneri for registering FIR against the present accused/petitioner for the offences punishable under Sections 171(H) and 171(E) and after completing investigation, he has filed a final report before the concerned Judicial Magistrate against the petitioner for the aforementioned offences.

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4. Accordingly, this Criminal Original Petition is dismissed and devoid of merits. Consequently, connected miscellaneous petitions are closed. 18.01.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Inspector of Police, Moolaikaraipatty Police Station, Tirunelveli District.

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

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R. HEMALATHA, J.

Nsr 18.01.2024 4/4