Madras High CourtCRL OP(MD)/4170/2020allowed

Kanivalavan @ Kan v. The Inspector Of Police

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

Crl.O.P.(MD)No.4170 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.4170 of 2020 1.Kanivalavan @ Kani 2.Raja 3.Palanikumar 4.Sakthivel 5.Arumugam 6.Siva @ Sivakumar ... Petitioners/Accused Nos.1 & 3 to 7 -vs1.State represented by The Inspector of Police, Alanganallur Police Station, Alanganallur, Madurai District, in Crime No.303 of 2009.

... 1st Respondent/Complainant 2.Vellaisamy ... 2nd Respondent/Defacto Complainant 3.Maheswari ... 3rd Respondent/Victim PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to call for the records and quash the Crime No.303 of 2009 on the file of the first respondent police for the alleged offence under Sections 147, 148, 294(b), 324 of IPC and Section 4 of TNHW Act.

For Petitioner : Mr.G.Mathavan For R1 : Mr.A.Robinson Government Advocate (Crl.side) For R2 & R3 : Mr.N.Mariappan

O R D E R

This Criminal Original Petition has been filed for quashing the impugned First Information Report in Crime No.303 of 2009 registered on the file of Alanganallur Police Station. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4170 of 2020 2.The defacto complainant Vellaisamy as well the victim Maheswari are present in person before me. They are duly identified by the respective counsel. They have no objection for quashing the First Information Report. Since the affected parties themselves are not having any objection for quashing, I am of the view that keeping it alive will not going to serve any purpose. 3.Accordingly, the First Information Report in Crime No.303 of 2009 on the file of the first respondent stands quashed and this Criminal Original Petition stands allowed. Sd/- Assistant Registrar(Records) // True Copy // / /2020 Sub Assistant Registrar(CS) pnn To 1.The Inspector of Police, Alanganallur Police Station, Alanganallur, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.G.MATHAVAN, Advocate ( SR-10419[F] dated 06/03/2020 ) Crl.O.P.(MD)No.4170 of 2020 05.03.2020 KMV(CO) TR(06.03.2020)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2