Madras High CourtCRL OP(MD)/2352/2019disposed of

M.Balu, v. The Inspector Of Police

2019-03-15Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE CRL.O.P.(MD)No.2352 of 2019 and Crl.M.P.(MD).No.1249 of 2019 M.Balu : Petitioner / Accused No.2 -Vs1. The State represented through, by the Inspector of Police, Taluk Circle Police Station, Thanjavur Town, Thanjavur District.

: Respondent / Complainant (Crime No.471 of 2017) 2.Ramesh : Respondent / De facto Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to call for the entire records in Crime No.471 of 2017, pending on the file of the first respondent and quash the same as illegal.

For Petitioner : Mr.Pitchairathinam For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side) **********

O R D E R

The present petition is filed to quash the First Information Report in Crime No.471 of 2017, on the file of the first respondent, for the offences under Sections 294(b), 352, 386, 506(ii) I.P.C. and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act. In the said case, the petitioner is arrayed as accused No.2.

2.The learned counsel appearing for the petitioner submitted that the petitioner is a Government servant that the allegations made in the First Information Report are very vague and no proximity of what has happened and made some similar submissions. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Crl. side) submitted that the investigation is in the closing stage.

4.Much of the submissions made by the learned counsel appearing for the petitioner would be good to test the prosecution case till the trial. But it cannot be considered at this stage. 5.Having stated thus, this Court directs the Investigating Agency to complete the investigation and lay the charge sheet before the concerned Court within a period of two weeks from the date of receipt of a copy of this order. However, the petitioner will be at liberty to challenge the final report if there are grounds existing for the same.

6.In view of the above, the Criminal Original Petition stands disposed of. Consequently, the connected miscellaneous petition is closed.

sd/ Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Taluk Circle Police Station, Thanjavur Town, Thanjavur District.

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

1 CC to Mr.M.PITCHAIRATHINAM, Advocate ( SR-54407[F] dated 15/03/2019 ) tsg AE/10.04.2019/2P/4C Order made in CRL.O.P.(MD) No.2352 of 2019 Dated: 15.03.2019 https://hcservices.ecourts.gov.in/hcservices/