Madras High CourtCRL OP(MD)/3155/2021dismissed

M.Prabu v. The Inspector Of Police

2021-03-01Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.3155 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA Crl.O.P.(MD)No.3155 of 2021 M.Prabu

...Petitioner

/Vs./ The Inspector of Police, Batlagundu Police Station, Dindigul District.

(Crime No.1476 of 2020)

...Respondent

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.1476 of 2020 on the file of the respondent police and quash the same. For Petitioner : Mr.N.Madhavagovindan For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This petition is filed seeking to quash the First Information Report in Crime No.1476 of 2020 on the file of the respondent police.

2.Heard Mr.N.Madhavagovindan, learned counsel for the petitioner and Mr.S.Chandrasekar, learned Additional Public Prosecutor for the respondent.

3.The main grievance of the petitioner is that the he has been falsely implicated in Crime No.1476 of 2020, since there was some dispute between the police and the owner of the lodge. 4.It is settled law that the First Information Report and the consequent investigation cannot be quashed, unless there is no offence spelt out on the basis of the allegations alleged and there is no question of considering the merits of the allegations contained in the First Information Report at this stage or testing the veracity of the allegations. In the instant case, a perusal of the First Information Report in Crime No.1476 of 2020 prima facie makes out a case under Sections 3(1), 3(2(a), 4(2)(c) and 6(1)(b) of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3155 of 2021 the Immoral Traffic (Prevention) Act, 1956 and merely on the basis of the bald allegations of the petitioner that he has been falsely implicated in the present case, the entire First Information Report cannot be quashed.

5.In the circumstances, the present Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 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, Batlagundu Police Station, Dindigul District.

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

+1 CC to M/s.N.MADHAVA GOVINDAN, Advocate ( SR-7779[F] dated 01/03/2021 ) Crl.O.P.(MD)No.3155 of 2021 01.03.2021 kg(CO) TR(19.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2