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Madras High CourtCRL OP(MD)/7006/2014allowed

Elango v. The Inspector Of Police

2015-03-26Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.03.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.7006 of 2014 and M.P(MD)Nos.1 & 2 of 2014 1.Elango 2.Harikrishnan 3.Parthasarathy 4.Deepa 5.Murugesan 6.Selvaraj 7.Thangalingam 8.Narayanan 9.Suthanraj 10.Anbukodi 11.S.Muthukumar @ Kannan 12.Krishnamani 13.Raja ..Petitioners/Accused 1 to 13 Vs 1.The State rep by The Inspector of Police, Vellichantai Police Station, Azhikar Post, Kanyakumari District.

...1st Respondent/Complainant 2.Velmurugan ..2nd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Cr.P.C., to call for the final report as made in C.C.No.31 of 2013 on the file of the Learned Judicial Magistrate, Eraniel, Kanyakumari District by the first respondent in connection with Crime No.29 of 2011 on the file of the Inspector of Police, Vellichantai Police Station, Kanyakumari District and quash the same.

For Petitioner : Mr.R.C.Paul Kanagaraj for Mr.S.Palani Velayutham For R1 : Mr.K.Anbarasan Govt. Advocate(Crl.side) For R2 : Mrs.J.Nisha Banu

ORDER

The petitioners, who is the first accused in case pending trial in C.C.No.31 of 2013, on the file of the Learned Judicial Magistrate, Eraniel, Kanyakumari District for offences under Sections 147, 148, 447, 427 and 506(ii) IPC, seeks quash of proceedings. 2.Heard learned counsel for the petitioner and learned Government Advocate (Crl. Side) for the first respondent heard. The materials available on record are perused.

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3.Counsel for the second respondent is not present, but adjournment on her behalf was sought. Such request is not acceded to. 4.The complaint is totally bereft of particulars. The case has been registered in Cr.No.29 of 2011 on the file of the first respondent for offences under Sections 147, 148, 447, 427 and 506(ii) IPC. We are conscious that the First Information Report need not be a encyclopedia. Upon an investigation a final report, informing the case alleged to be false and mistake of fact, had been filed on 25.08.2011. In doing so, the opinion of Additional Public Prosecutor had been obtained. Subsequently, a final report has been filed on 25.11.2011 informing the commission of offences, leading to the pendency of C.C.No.31 of 2013.

There is no explanation in such charge-sheet as to whether further investigation was directed by the Court or even that what had been conducted by way of investigation is in exercise of right under Section 173(8) Cr.P.C. Such final report has been preferred in disobedience of the orders of this Court inasmuch as this Court in Crl.O.P.No.207 of 2013 dated 04.02.2013 has ordered stay of investigation.

5. This Criminal Original Petition shall stand allowed and the proceedings in C.C.No.31 of 2013 on the file of the Judicial Magistrate, Eraniel, Kanyakumari District shall stand quashed. Consequently, connected M.P(MD)Nos.1 & 2 of 2015 are closed. Sd/- Assistant Registrar(Writs) \\True copy\\ Sub Assistant Registrar To 1.The Judicial Magistrate Eraniel 2.The Inspector of Police, Vellichantai Police Station, Azhikar Post,Kanyakumari District.

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

+1cc TO MR.PAUL KANAGARAJ, ADVOCATE SR.NO. 14891 Crl.O.P.(MD)No.7006 of 2014 AM NA/16/04/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/