M.R.Muthusamy v. The Inspector Of Police

Crl.O.P.(MD)No.5156 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5156 of 2020 M.R.Muthusamy ... Petitioner/Accused No.1 Vs.

1.The State represented by The Inspector of Police, Vedasendur Police Station, Dindigul District Crime No.11 of 2018 ...1st Respondent/Complainant 2.G.Ravi ...2nd Respondent/Defacto Complainant PRAYER : Petition filed under Section 482 of Criminal Procedure Code, to call for the records in connection with the impugned First Information Report in Crime No.11 of 2018 pending on the file of the respondent police and quash the same in so far as the petitioner is concerned.

For Petitioner : Mr.S.Saravagan Prabhu For R1 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

In view of the judgement of the Hon'ble Division Bench of this Court, in Ganesh Vs State of Tamil Nadu reported in 2013 (1) MWN (Cr) 457, the contention that Section 188 of IPC is not acceptable and the offences is not tenable. Since there are prima facie materials in the First Information Report, the same cannot be quashed in the light of the Hon'ble Supreme Court in the case of State of Haryana Vs Bhajan lal reported in 1992 Supp(1) SCC 335. 2.This petition is closed with a direction to the respondent police to complete the investigation in Crime No.11 of 2018 and file a final report within a period of four months from the date of receipt of a copy of this order.

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Crl.O.P.(MD)No.5156 of 2020

3. Accordingly, this Criminal Original Petition stands closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pnn To 1.The Inspector of Police, Vedasendur Police Station, Dindigul District.

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

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