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Madras High CourtCRL OP(MD)/1679/2021closed

Marnadu v. The Inspector Of Police

2021-03-10Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.1679 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA Crl.O.P.(MD)No.1679 of 2021 and Crl.M.P.(MD)No.812 of 2021 Marnadu

...Petitioner/Sole Accused

/Vs./ 1.The Inspector of Police, PEW Thirumangalam, Madurai District, Madurai.

...Respondent/Complainant

(Crime No.161 of 2020) 2.Jeya Balakrishnan

...Respondent/Defacto

Complainant Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.161 of 2020, dated 03.03.2020 of PEW Thirumangalam, Madurai District, and quash the same.

For Petitioner : Mr.S.Sivaprakash For R1 : Mr.S.Chandrakumar Additional Public Prosecutor

ORDER

The present petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure seeking to quash the First Information Report in Crime No.161 of 2020 of PEW Thirumangalam, Madurai District.

2.The main contention of Mr.S.Sivaprakash, learned counsel for the petitioner is that the petitioner/sole accused cannot ride a two-wheeler and that the second respondent has foisted a false case against the present petitioner.

3.Mr.S.Chandrakumar, learned Additional Public Prosecutor, who accepts notice on behalf of the first respondent, on instructions, would contend that the investigation in Crime No.161 of 2020 is already completed and a final report is also filed before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1679 of 2021 Judicial Magistrate, Thirumangalam, against the accused for the offence punishable under Section 4(1)(a) of the Tamil Nadu Prohibition Act.

4.Recording the said submissions made by the learned Additional Public Prosecutor, the Criminal Original Petition is closed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 Judicial Magistrate, Thirumangalam.

2.The Inspector of Police, PEW Thirumangalam, Madurai District, Madurai.

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

Crl.O.P.(MD)No.1679 of 2021 10.03.2021 KM (23.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2