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Madras High CourtCRL OP(MD)/7034/2014dismissed

E.Kandasamy v. The Sub Inspector Of Police

2018-09-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.7034 of 2014 and M.P(MD).Nos.1 & 2 of 2014 and M.P(MD).No.1 of 2015 E.Kandasamy ... Petitioner/Sole Accused Vs.

1.State represented by The Sub Inspector of Police Kalayarkovil Police Station Sivagangai District 2.A.Sekar ..Respondents/Defacto Complainants PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the FIR in Crime No.512 of 2013 on the file of the first respondent and quash the same.

For Petitioner: Mr.V.Sasikumar For R1 : Mr.V.Neelakandan Additional Public Prosecutor For R2 : Mr.R.Alagumani

O R D E R

This quash petition is filed to call for the records relating to the FIR in Crime No.512 of 2013 on the file of the first respondent and quash the same.

2.Heard the learned counsel appearing for the petitioner; the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

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3.It is seen from the records that there is an incriminating material to attract the charges as against the petitioner. Therefore, this Court finds that there is no merit in the petition to quash the FIR in Crime No.512 of 2013 on the file of the first respondent and it cannot be quashed on its threshold. Hence, this Court is of the view that the grounds raised in the petition have to be gone into in a full fledged trial. 4.Accordingly, this criminal original petition is dismissed. Consequently, the connected miscellaneous petitions are closed. However, the first respondent police is directed to complete the investigation within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Sub Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

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

MSA BU/PM/SAR-III :30.10.2018 : 2P/3C Crl.O.P.(MD).No.7034 of 2014 and M.P(MD).Nos.1 & 2 of 2014 and M.P(MD).No.1 of 2015 27.09.2018 https://hcservices.ecourts.gov.in/hcservices/