Madras High CourtCRL OP(MD)/2781/2024dismissed

Shanmuga Sundaram @ Shanmugavel v. The Inspector Of Police

2024-04-10Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)Nos.2168 & 2169 of 2024

1. Shanmuga Sundaram @ Shanmugavel

2. Chinnadurai 3.Esakki @ Essakipandi 4.Pandi @ Esakki Pandi 5.Esakki Durai 6.Balasubramaniyan

7. Ganesan ... Petitioners Vs.

1. The Inspector of Police Thalaiyuthu Police Station, Tirunelveli District.

Crime No.255/2023.

2. Krishnakumar ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of impugned charge sheet in C.C. No.2346 of 2023 on the file of the learned Judicial Magistrate No.III Tirunelveli and Quash the same as illegal.

For Petitioners : Mr.V.Angusamy 1/4

For R1 : Mr.P.Kottaichamy Government Advocate (Crl.Side)

O R D E R

The petitioners are facing a charge before the learned Judicial Magistrate No.III, Tirunelveli, in C.C. No.2346 of 2023 for the offence punishable under Sections 147, 148, 294(b), 324 294(b), 326 and 506(i) IPC.

2. The case of the prosecution is that on 25.08.2023, due to civil dispute, the petitioners abused the defacto complainant and assaulted and also threatened him with dire consequences and also caused injuries to him. Hence, a case has been registered.

3. The learned Government Advocate (Crl.Side) appearing for the first respondent, by referring the FIR in Cr.No.255 of 2023, submits that there are specific allegations as against the petitioners. 4.The learned counsel appearing for the petitioners submits that there was a civil dispute between the petitioners and the defacto complainant, due to which, the defacto complainant foisted a false complaint. However, they have been added as accused in order to harass the petitioners. 2/4

5. Since there is a specific allegation against the petitioners, this Court is not inclined to entertain this petition. The petitioners can establish their innocence before the Trial Court by adducing evidence.

6. This criminal original petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. 10.04.2024 Index : Yes/No Internet:Yes NCC : Yes/No LS To 1.The Judicial Magistrate No.III, Tirunelveli.

2.The Inspector of Police Thalaiyuthu Police Station, Tirunelveli District.

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

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B.PUGALENDHI,J LS Order made in 10.04.2024 4/4