Madras High CourtCRL OP(MD)/3957/2020allowed

Manikandan v. The Inspector Of Police

2020-03-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.3957 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.3957 of 2020 and Crl.M.P.(MD)No.2182 of 2020 1.Manikandan 2.Karthikumar ... Petitioners/Accused No.1&2 Vs 1.State represented by The Inspector of Police, Maraneri Police Station, Virudhunagar District.

(In Crime No.251 of 2019) ... Respondent No.1/Complainant 2.Atheeswaran ... Respondent No.2/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the entire relevant records connected to the First Information Report in Crime No.251 of 2019, dated 06.10.2019, pending on the file of the first respondent police station and quash the same as illegal as against the petitioners. For Petitioner : Mr.R.Karunanidhi For R1 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

Heard the learned counsel on either side.

2.This criminal original petition has been filed for quashing the impugned FIR. FIR has been registered only for the offence under Sections 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. To quash the same, this criminal original petition has been filed.

3.The learned counsel appearing for the petitioners placed reliance on the orders dated 17.10.2019 made in Crl.O.P.(MD)No.14715 of 2019 and in C.C.Appeal No.1920 of 2019 (Kanwar Singh Vs. State of Uttar Pradesh). The said decision governs the case on hand. Hence, the impugned FIR is quashed.

4.However, the first respondent is directed to register a fresh FIR on the same cause of action. The Superintendent of Police, Virudhunagar, will issue a memo calling upon the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.3957 of 2020 respondent as to why the second respondent omitted Section 379 of IPC, while registering the FIR.

5.With this direction, this criminal original petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS ) rmi To 1.The Inspector of Police, Maraneri Police Station, Virudhunagar District.

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

+1 CC to Mr.R.KARUNANITHI, Advocate ( SR-9885[F] dated 03/03/2020 ) Crl.O.P(MD)No.3957 of 2020 and Crl.M.P.(MD)No.2182 of 2020 03.03.2020 MK (13.03.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2