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Madras High CourtCRL OP(MD)/2500/2022allowed

B.Arulraja v. The Inspector Of Police

2022-02-07Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.2500 of 2022 B.Arulraja ... Petitioner/Sole Accused Vs

1. The Inspector of Police Kadayam Police Station Kadayam, Tenkasi District.

... 1st Respondent/Complainant (Crime No.487 of 2021)

2. P.Shunmuganathan Village Administrative Officer, Kuthapanjan Village Alangulam Taluk, Tenkasi District ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to Call for the records pertaining to Crime No. 487 of 2021 on the file of the respondent police and quash the same. For Petitioner : Mr.R.J.Karthick For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No. 487 of 2021 on the file of the first respondent police.

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2.

The case of the prosecution is that on 25.12.2021 at about 8.00 pm., the petitioner attempted to commit suicide by falling down from the water tank at Kuthapanjan Village and caused disturbance to the general public and the same was reported to the first respondent by the second respondent. Hence the complaint.

3. The learned counsel for the petitioner would submit that no such incident said to have taken place as alleged by the second respondent. Further the petitioner is a Government law college student and waiting for his enrollment. Due to his mental pressure and depression he scuffled with same villagers and while celebrating christmas feast to burn cracker, he went to the overhead tank . Now he realized the mistake and also filed a undertaking affidavit before the respondent stating that he will never do such kind of act again.

4. On perusal of the undertaking affidavit filed by the petitioner dated 24.01.2022, it is seen that the petitioner has stated that he will never indulge in such kind of activities future, which happened and stated that due to mental depression and pressure he has done it. Further the pending of the First Information Report will also cause mental depression to the petitioner.

5. Taking into consideration the mental state of affairs of the petitioner , this Court is inclined to quash the proceedings pending against the petitioner.

6. In view of the same the Criminal Original Petition is allowed and the proceedings in in Crime No.487 of 2021 on the file of the first respondent is hereby quashed.

Sd/- Deputy Registrar(Accts) // True Copy // / /2022 Sub Assistant Registrar aav 2/3

To

1. The Inspector of Police Kadayam Police Station Kadayam, Tenkasi District

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

Crl.O.P.(MD)No.2500 of 2022 07.02.2022 SP/01/03/2022/3P/3C 3/3