Madras High CourtCRL OP(MD)/1676/2022allowed

Karuppu v. The Inspector Of Police

2022-01-31Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1676 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1676 of 2022 1.Karuppu 2.Manimaran 3.Sundarraj ... Petitioners/ Accused No.170, 171 & 176 Vs.

1.The State Rep. by The Inspector of Police, Samayanallur Police Station, Madurai City.

(Crime No.430 of 2015) ...1st Respondent/Complainant 2.C.Jegathesan ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to impugned FIR in Crime No.430 of 2015 pending on the file of the first respondent police and quash the same as against the petitioners/accused No.170, 171 and 176 are concerned.

For Petitioners : Mr.T.Palanisamy For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) (for R1)

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the first respondent.

2.The petitioners are figuring as accused in Crime No.430 of 2015 registered on the file of the Samayanallur Police Station for the offences under Sections 147, 341 and 188 of IPC. The first respondent could not have registered an FIR straight away for the offence under Section 188 of IPC. The accused had assembled to take part in a temple festival. This will not constitute an unlawful assembly. No adverse consequence ensued. The petitioners did not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1676 of 2022 indulge in any act of violence. The continuation of the impugned prosecution is not warranted. The impugned First Information Report is quashed. This Criminal Original Petition is allowed. The benefit of this order will enure in favour of the non-petitioning accused also.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 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 Inspector of Police, Samayanallur Police Station, Madurai City.

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

Crl.O.P(MD)No.1676 of 2022 31.01.2022 SK(CO) GC(18.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2