Joel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 08.02.2024

CORAM

The Hon`ble Mr.Justice M. DHANDAPANI CRL OP(MD) No.2741 of 2022 and Crl.M.P.No.2051 of 2022 Joel ... Petitioner Vs

1. The Inspector of Police, CBCID South, Tirunelveli District (Crime No.2 of 2021) Presently investigated by The Deputy Superintendent of Police, CBCID, Tirunelveli City.

2. The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District (Crime No.417 of 2020).

3. Mariselvam, The Deputy Tahsildar, Ambasamudram Taluk, Tirunelveli District. ... Respondents PRAYER :- Criminal Original Petition file under section 482 of Cr.P.C., to call for the records of the impugned FIR in Crime No.2 of 2021 on the file of 1st respondent and quash the same as illegal in so far as the 1/5

Petitioner is concerned.

For Petitioner : M/s.V.Kathirvelu Senior Counsel for Mr.K. Prabhu For Respondents : M/s. Ravi for R1 & 2 Additional Public Prosecutor No appearance for R3

ORDER

This petition has been filed to quash the FIR in Crime No.2 of 2021 on the file of 1st respondent.

2.The learned Senior counsel for the petitioner would submit that the petitioner is arrayed as A18; initially this case was registered under Sections 379 IPC and subsequently the offences were altered to under Sections 120(b), 379 IPC r/w Section 21(1)(iv) of Mines and Minerals (Development and Regulation) Act against one Manivel George. He would further submit that subsequently the investigation was handed over to the first respondent and along with other accused, the petitioner was arrayed as A-18 and based on false allegations, the petitioner was included as accused and hence, prays for interference. 2/5

3.When the matter was taken up for hearing, the learned Additional Public Prosecutor would submit that after completion of investigation, charge sheet is ready and they are awaiting for sanction of prosecution, since it involves Government/police officials and prays for appropriate directions.

4. In view of the said submission, without expressing any opinion on the merits/facts and circumstances of the case, this criminal original petition is disposed of with the following directions: (i) After chargesheet is numbered before the jurisdictional court, the petitioner is at liberty to work out his remedy in the manner known to law ; and (ii) The respondent police is directed to file the chargesheet within a period of eight weeks from the date of receipt of a copy of this order. Consequently connected Miscellaneous Petition is closed. 08.02.2024 RR 3/5

TO

1. The Inspector of Police, CBCID South, Tirunelveli District (Crime No.2 of 2021) Presently investigated by The Deputy Superintendent of Police, CBCID, Tirunelveli City.

2. The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District (Crime No.417 of 2020).

3. Mariselvam, The Deputy Tahsildar, Ambasamudram Taluk, Tirunelveli District.

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M.DHANDAPANI. J RR

ORDER

IN CRL OP(MD) No.2741 of 2022 Date : 08.02.2024 5/5