Madras High CourtCRL OP(MD)/14548/2017dismissed

Arunkumar v. The Speial Sub-Inspector Of

2017-10-30Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD) No.14548 of 2017 and Crl.M.P.(MD)No.9695 of 2017 1.Arunkumar 2.Veeranan 3.Velmurugan 4.Kumarandi ... Petitioners / Accused Nos.1 to 3 and 5 Vs.

1. State represented by The Special Sub-Inspector of Police, Aviyur Police Station, Virudhunagar District.

(in Crime No.130 of 2017) 2.A.Mookkan ... Respondents / Complainants PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records of First Information Report in Crime No.130 of 2017 on the file of the first respondent police and quash the same.

For Petitioners : Mr.A.Haja Mohideen For R1 : Mr.K.S.Durai Pandian Additional Public Prosecutor

ORDER

The Criminal Original Petition is filed to quash the First Information Report in Crime No.130 of 2017 on the file of the first respondent police.

2. The petitioners are Accused No.1 to 3 and 5 in Crime No.130 of 2017. Based on the complaint lodged by the second respondent, a case was registered in Crime No.130 of 2017 for the offences punishable under Sections 147, 148, 342, 324 and 506(2) IPC by the first respondent police.

3.The learned Counsel for the petitioners states that the petitioners had also lodged a complaint and that the same was also registered in Crime No.133 of 2017 for the alleged offences under Sections 147, 148, 294(b), 323 and 506(ii) IPC and Section 4 of https://hcservices.ecourts.gov.in/hcservices/

Tamil Nadu Prohibition of Harassment of Women Act, 2002. It is further stated that this is a case of case and counter and that the allegations levelled against the petitioners are false and hence, the petitioners have come forward with this petition to quash the First Information Report in Crime No.130 of 2017. 4.The learned Counsel for the petitioners has not raised any other legal grounds to quash the First Information Report. Truth or otherwise in the allegations made in the complaint cannot be decided by this Court and purely on factual issues, this Court cannot entertain this petition. Having regard to the nature of the complaint, absolutely, there is no legal ground to entertain this Petition. Hence, the Criminal Original Petition is dismissed as devoid of any merits. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To

1. The Special Sub-Inspector of Police, Aviyur Police Station, Virudhunagar District.

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

+ 1 CC TO MR.A.Haja Mohideen, ADVOCATE IN SR No.84197 cmr MK/KK/SAR-1/13.11.2017/2P/4C CRL.OP.(MD) No.14548 of 2017 30.10.2017 https://hcservices.ecourts.gov.in/hcservices/