Madras High CourtCRL OP(MD)/2445/2015allowed

Murugesan v. The Inspector Of Police

2015-02-12Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.2445 of 2015 Murugesan ... Petitioner Vs.

1. The State through the Inspector of Police, District Crime Branch, Puthukottai.

2. Annadurai ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records on the file of the Judicial Magistrate, Alangudi in C.C.No.150 of 2014 and quash the same. For Petitioner : Mr.K.R.Laxman For R1 : Mr.K.Anbarasan Govt. Advocate For R2 : Mr.P.Arumugam

O R D E R

This Criminal Original Petition is filed to quash the charge sheet in C.C.No.150 of 2014 on the file of the learned Judicial Magistrate, Alangudi.

2. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.side) and the learned counsel for the second respondent.

3. A memo of compromise entered into between the petitioner and the de-facto complainant is filed.

4. The prosecution case is that upon complaint of the second respondent / de-facto complainant, it was found that the petitioner had obtained a passport in his brother's name by using the school transfer certificate of the brother and on two occasions, he took employment abroad. On completion of investigation, charge sheet has been filed informing commission of offences under Sections 419, 465, 468, 471 I.P.C. r/w. Section 12(1)(b) of the Passport Act, 1967.

5. Though in the normal course, this Court would not entertain a plea for quash in cases of the present nature, we find that the petitioner before us, totally an illiterate person, indulged in wrong doing towards eking out his livelihood as a coolie in Singapore. https://hcservices.ecourts.gov.in/hcservices/

6. The petitioner is present. Admonishing the petitioner this Court in exercise of powers under Section 482 Cr.P.C. quash the proceedings in C.C.No.150 of 2014 on the file of learned Judicial Magistrate, Alangudi. Accordingly, this Criminal Original Petition is allowed. The Compromise Memo shall form part of the order.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar akv To

1. The Judicial Magistrate, Alangudi.

2. The Inspector of Police, District Crime Branch, Puthukottai.

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

+1cc to MR.K.R.LAXMAN, ADVOCATE IN SR NO.6708 Crl.O.P.(MD)No.2445 of 2015 12.02.2015 RG.16.03.2015 2P.5C.

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