Madras High CourtCRL OP(MD)/3287/2024disposed of

Muthupandi v. The Sub Inspector Of Police

2024-03-01Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3287 of 2024 Muthupandi

...Petitioner

Vs.

1.The Sub Inspector of Police Keelarajakularaman Police Station, Virudhunagar District.

In Crime No. 439/2020.

2. Kottiappasamy Special Sub Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records in the case in Crime No.439 of 2020 on the file of the first respondent Police and quash the same. For Petitioner : Mr.M.Jothi Basu For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/4

O R D E R

The learned Counsel for the Petitioner submits that the Petitioner had filed this Petition to quash the F.I.R in Crime No.439 of 2020 on the file of the first Respondent Police.

2. It is the contention of the learned counsel for the Petitioner that the Petitioner along with others had protested against the Agriculture Legislation Amendment Act by the Central Government. It is the further contention of the learned Counsel for the Petitioner that till date the final report had not been filed and that the defacto complainant and the Investigation Officer are one and the same.

3. The learned Counsel for the Petitioner further submits that offence attracting ingredients of Sections 143 and 341 IPC are not at all attracted against the Petitioner. Therefore, he seeks to quash the F.I.R in Crime No.439 of 2020 on the file of the first Respondent Police. 2/4

4. The learned Government Advocate (Crl.side) on instructions of the Respondent Police submits that already investigation completed and final report laid. The Petitioner herein is having four previous cases.

5. On consideration of the rival submissions and on perusal of the ingredients of the F.I.R, the submission of the learned Counsel for the petitioner is found acceptable and reasonable. Therefore, exercising the power under Section 482 Cr.P.C., this Court is inclined to quash the F.I.R in Crime No.439 of 2020 pending on the file of the first Respondent Police.

6. Accordingly, this Criminal Original Petition is allowed. The F.I.R in Crime No.439 of 2020, pending on the file of the first Respondent Police, is hereby quashed against the petitioner alone/accused No.21. Internet:Yes./No 01.03.2024 Index:Yes/No NCC : Yes/No LS 3/4

SATHI KUMAR SUKUMARA KURUP , J.

LS To 1.The Sub Inspector of Police Keelarajakularaman Police Station, Virudhunagar District.

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

CRL.O.P (MD) No.3287 of 2024 01.03.2024 4/4