Madras High CourtCRL OP(MD)/15105/2017dismissed

Alagulingam, v. The Sub Inspector Of Police,

2017-11-08Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.15105 of 2017 and Crl.M.P(MD).No.10054 of 2017 Alagulingam : Petitioner -Vs1.The Sub Inspector of Police, Soorangudi Police Station, Vilathikulam Taluk, Thoothukudi District.

2.Andi : Respondents PRAYER:Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the FIR in Crime No.68 of 2017 on the file of the first respondent Police and quash the same.

For Petitioner : Mr.A. Gandiappan For Respondent No.1 : Mr.C. Mayilvahana Rajendiran Additional Public Prosecutor

O R D E R

This petition is filed to call for the records pertaining to the First Information Report in Crime No.68 of 2017 on the file of the first respondent Police and quash the same.

2. The petitioner is the sole accused in the criminal complaint, which was registered in Crime No.68 of 2017 by the first respondent Police. As per the complaint, the de facto complainant was attacked by the petitioner and as a matter of fact, there was an https://hcservices.ecourts.gov.in/hcservices/ attempt to the life of the de facto complainant. The de facto complainant suffered serious injuries and that therefore, a case was

registered for the offences under Sections 294(b), 506(ii) and 307 of IPC. The learned counsel appearing for the petitioner states that a false complaint is concocted.

3. Except denying the factual statement found in the complaint, the learned counsel appearing for the petitioner has not pointed out any legal grounds to quash the First Information Report. It is well settled that truth or otherwise in the allegations in the complaint cannot be gone into in the petition for quashing the criminal complaint. Hence, the Criminal Original Petition is dismissed as devoid of merits. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Sub Inspector of Police, Soorangudi Police Station, Vilathikulam Taluk, Thoothukudi District.

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

+1cc to M/S.A.GANDIAPPAN, Advocate SR.No.86021. CRL.O.P.(MD)No.15105 of 2017 and Crl.M.P(MD).No.10054 of 2017 08.11.2017 trp SDS/GT/SAR 3/16.11.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/