Madras High CourtCRL OP(MD)/20975/2015dismissed

A.Rengasamy v. The Sub Inspector Of Police

2015-11-02Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD)No.20975 of 2015 1.A.Rengasamy 2.Vairamuthu 3.M.Mari 4.Murali @ Murugan 5.Gopal ... Petitioners -Vs1.The Sub Inspector of Police, Seithur Rural Police Station, Rajapalayam Taluk, Virudhunagar District.

2.A.Ganesan Village Administrative Officer, Sundararajapuram, Rajapalayam Taluk, Virudhunagar District.

... Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.19 of 2014 pending on the file of the respondent police and quash the same as against the petitioners.

For Petitioner : Mr.S.Radhakrishnan For Respondents: Mr.C.Mayilvahana Rajendran Addl.Public Prosecutor, Asst. by S.Prabha, GA (crl.side)

O R D E R

This petitioner has come forward with this application, seeking to quash the Crime No.19 of 2014 pending on the file of the respondent police, as against the petitioners.

2. Mr.S.Radhakrishnan, learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated by the 2nd respondent / defacto complainant and based on that, a case in Crime No.19 of 2014 has been registered against the petitioners and other members of Arunthathiyar Community People, Solaiseri Village, for the offences under Sections 143, 341 and 188 of IPC. He would further submit that it a case in counter. Though the petitioners have given a complaint against https://hcservices.ecourts.gov.in/hcservices/

the 2nd respondent / defacto complainant, the 1st respondent police has not taken note of the said complaint. Therefore, he prayed for quashing the aforesaid crime number.

3. I have heard the learned counsel appearing on either side and perused the materials available on record.

4. The powers under Section 482 of Cr.P.C. is very limited and as pointed out by the learned Additional Public Prosecutor for the prosecution, this case does not fall under any of the category of cases formulated in Bajan Lal's case, which held that "inherent powers under Section 482 Cr.P.C. have to be exercised sparingly, carefully and with great caution". Therefore, I find no reason to interfere with the proceedings, at this stage.

5. In the result, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Sub Inspector of Police, Seithur Rural Police Station, Rajapalayam Taluk, Virudhunagar District.

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

+One cc to Mr.S.Radhakrishnan, Advocate, SR.No.64286 MPK RL/4c/AMF/18/11/2015 Crl.O.P.(MD)No.20975 of 2015 02.11.2015 https://hcservices.ecourts.gov.in/hcservices/