M.Nainar Mohamed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD)No.4370 of 2021 and Crl.M.P(MD)No.2455 of 2021 M.Nainar Mohamed .. Petitioner/ Accused No.4 Vs

1. The State rep. by, The Inspector of Police, Thirunagar Police Station, Madurai District.

(Crime No.1096 of 2020) .. 1st Respondent/Complainant 2.Selvakannan .. 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.961 of 2020 dated 05.11.2020 on the file of the first respondent and quash the same as against this petitioner alone.

For Petitioner : Mr.B.Sukumar 1/4

For R1 : Mr.M.Muthumanikkam Government Advocate(Criminal side)

ORDER

This petitioner/A4 has filed this petition to quash the First Information Report in Crime No.961 of 2020 dated 05.11.2020 on the file of the first respondent police, where in he is said to have committed the offence under Sections 147, 294(b), 341, 323 and 506(i) IPC.

2. The case of the prosecution is that one Selvakannan admitted at Rajaji Government Hospital, Madurai, has given a statement to the respondent police that on 05.11.2020, at about 10.00 a.m, one Ravi came to his house and asked him to come along with him to Manikka Nagar Iyyan Kovil Water Tank to talk about the Government land matter, which he was trying to get patta. Hence, he also went along with him. After reaching the water tank, one Mayan and his son Prabu abused him using filthy language and started to attack him. At that time, the said Ravi and one Muslim person caught hold on him, and one Ravikannan also punched him on his chest using hands. On hearing his hue and cry, his wife and his friend came there, immediately the 2/4

accused persons flee away from the occurrence place. Hence, this complaint.

3. The learned Government Advocate (Criminal side) submitted that after completion of investigation final report was filed before the learned Judicial Magistrate No.VI, Madurai and the same was taken on file in C.C.No. 516 of 2021 and posted for the examination of witnesses on 06.04.2023.

4. Recording the said submission made by the learned Government Advocate (Criminal side), this criminal original petition is closed with liberty to the petitioner to work out his remedy in the manner known to law. Consequently, connected miscellaneous petition is closed. 06.04.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No PJL To 1.The Inspector of Police, Thirunagar Police Station, Madurai District.

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K.K.RAMAKRISHNAN, J.

PJL

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

Crl.O.P.(MD)No.4370 of 2021 and Crl.M.P(MD)No.2455 of 2021 06.04.2023 4/4