Madras High CourtCRL OP(MD)/2209/2021allowed

Umanath v. The Inspector Of Police

2021-11-11Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)No.2209 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No. 2209 of 2021 Umanath ... Petitioner / Sole Accused Vs.

1. State rep. Through, The Inspector of Police, Watrap police station, Virudhunagar District.

(Crime No.11 of 2011) ... 1st Respondent / Complainant

2. Kumar ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records connected to the impugned First Information Report in Crime No.11 of 2021 pending on the file of the first respondent police and quash the same as against the petitioner concerned.

For Petitioner : Mr.R.Senthil Kumar For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-2 : Mr.R.Karunanidhi

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.11 of 2021 registered on the file of the first respondent for the offence under Sections 294 (b), 323, 324 and 506(2) of I.P.C.

3. The defacto complainant Kumar is present before this Court. He has been duly identified by Mr.S.Nagaraj, SI-1563, attached to Watrap police station. The defacto complainant states that he has no objection for quashing the impugned First Information Report. Since the defacto complainant does not want to pursue the impugned prosecution, no purpose will be served in keeping the impugned First Information Report alive.

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2 CRL.O.P.(MD)No.2209 OF 2021

4. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, Watrap police station, Virudhunagar District.

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

+2 CC to M/s.R.KARUNANIDHI, Advocate ( SR-34232[F] dated 12/11/2021 ) Crl.O.P.(MD)Nos.2209 of 2021 11.11.2021 PK(CO) KB(23.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2