Madras High CourtCRL OP(MD)/4173/2020dismissed

M.Muruganantham v. The Inspector Of Police

2020-03-05Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.4173 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4173 of 2020 and Crl.M.P.(MD)N2284 of 2020 M.Muruganantham ... Petitioner Vs.

1.State rep. by The Inspector of Police, Panayapatti Police Station, Pudukottai.

2.R.Muthukaruppan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records pertaining to Crime No.11 of 2020 on the file of the 1st respondent police, quash the same for the petitioner alone.

For Petitioner : Mr.D.Anbarasu For Respondents : Mr.A.Robinson Govt. Advocate (Crl. Side) for R1

O R D E R

This criminal original petition has been filed for quashing the impugned FIR registered by the first respondent for the offences under Sections 147, 294(b), 323 and 506(ii) of I.P.C. and Section 4 of Tamilnadu Prohibition of Harassment of Women Act. 2.The learned counsel appearing for the petitioner reiterated the contentions set out in the memorandum of grounds.

3. The learned Government Advocate (Crl. Side) submitted that the final report in this case is made ready and they are likely to file at any time. It is seen that the specific overt act has been attributed against the petitioner herein. He is said to have punched the defacto complainant's wife on her right hand. Inasmuch the specific overt act have been made, I am afraid that the inherent powers of this Court cannot be invoked for quashing the impugned FIR.

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Crl.O.P(MD)No.4173 of 2020 4.Leaving the rights of the petitioner to move this Court again, if necessary after the charge sheet is filed, this criminal original petition is dismissed.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) ias To:

The Inspector of Police, Panayapatti Police Station, Pudukottai.

+1 CC to M/s.D.ANBARASU, Advocate ( SR-10398[F] dated 06/03/2020 ) Crl.O.P(MD)No.4173 of 2020 05.03.2020 PM(CO) TR(17.03.2020)2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2