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Madras High CourtCRL OP(MD)/6280/2019allowed

Stephen, S/O.Suyambulingam v. The Deputy Superintendent Of

2019-06-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of July Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD) No.6280 of 2019 STEPHEN ... PETITIONER Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, NANGUNERI, TIRUNELVELI DISTRICT.

2 STATE REP.BY THE INSPECTOR OF POLICE, THIRUKURUNGUDI POLICE STATION, TIRUNELVELI DISTRICT.

3 PERVIN ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to call for the records to the quash FIR in Cr.No.142 of 2015 registered on 24.12.2015 pending on the file of the 1st and 2nd respondents and quash the same as against this petitioner concerned. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.SUKUMAR, Advocate for the petitioner and of Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) for R1 & R2 and Mr.MARK J.JACKSAN, Advocate for R3, the court made the following order:- This Criminal Original Petition has been filed to quash the First Information Report in Crime No.142 of 2015, pending on the file of the respondents 1 and 2.

2.The learned counsel appearing for the petitioner submitted that now, the matter has been settled between the parties and the defacto complainant is not interested in proceeding with the complaint any further.

3.On perusal of records, it is seen that a crime has been registered for the offences under Sections 294 (b), 323, 324 and 506 (ii) of the Indian Penal Code and Section 3 (1) (x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities ) Amendment Act.

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4.As the First Information Report has been registered for an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, the second respondent is directed to file a report regarding the present situation prevailing in that area and also the antecedents of the accused. 5.Registry is directed to post the matter after two weeks. sd/- 09/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DEPUTY SUPERINTENDENT OF POLICE, NANGUNERI, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE, THIRUKURUNGUDI POLICE STATION, TIRUNELVELI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.6280 of 2019 Date :09/07/2019 MS/VR/SAR-4/16.07.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/