Madras High CourtCRL OP(MD)/1909/2022allowed

Ammaiyappan v. The Inspector Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.1909 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1909 of 2022 and Crl.M.P(MD)No.1398 of 2022 1.Ammaiyappan 2.Ganesan 3.Ramasamy 4.Karthikeyan @ Karthic 5.Pandian ... Petitioners/ Accused Nos.1 to 5 V s.

1.The State represented by The Inspector of Police, Sivagiri Police Station, Tenkasi District.

(In Crime No.9 of 2022) ... 1st Respondent/ Complainant 2.The Thasildhar, Sivagiri Taluk, Tenkasi District.

... 2nd Respondent/ De-facto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in respect of Crime No.9 of 2022 on the file of the first respondent and quash the same. For Petitioners : Mr.M.P.Senthil For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

ORDER

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondents.

2. The petitioners are shown as accused in Crime No.9 of 2021 registered for the offence under Section 153(A) IPC. A reading of the FIR indicates that a genuine civil dispute has been given a criminal colour. The petitioners cannot be visited with prosecution https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1909 of 2022 for asserting their civil rights. The registration of FIR is an abuse of process of law. The FIR stands quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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, Sivagiri Police Station, Tenkasi District.

2.The Thasildhar, Sivagiri Taluk, Tenkasi District.

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

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-4825[F] dated 08/02/2022 ) Crl.O.P(MD)No.1909 of 2022 and Crl.M.P(MD)No.1398 of 2022 04.02.2022 MGJ(25.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2