Madras High CourtCRL OP(MD)/6878/2018dismissed

Bomaiyan (Raju) v. The Sub Inspector Of Police,

2018-04-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.6878 of 2018 and Crl.M.P.(MD)No.3267 of 2018 1.Bomaiyan (Raju) 2.Jeyaraj 3.Lingusamy (Ponthu) 4.Chandra Sekar 5.Sannasi ... Petitioners/A-1 to A-5 Vs.

1.The State represented by Sub-Inspector of Police, Palanichetti Police Station, Theni District.

(Crime No.92/2018) ... 1st Respondent / Complainant 2.V.Samiraj ...2nd Respondent / Defacto Complainant Prayer : Petition filed under Section 482 Cr.P.C to call for the records pertaining to the case in Crime No.92 of 2018 on the file of the 1st respondent and quash the same.

For Petitioners : Mr.A.K.Hemaraj For R1 : Mr.Prabu Ramachandran G.A.(Crl.side) For R2 : No Appearance

ORDER

The petitioners have filed this Criminal Original Petition for quashing the First Information Report in Crime No.92 of 2018 on the file of the first respondent.

https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel for the petitioners places reliance on

the certificate issued by the Village Administrative Officer concerned and Principal of Theni Kammavar Sangam. 3.This Court going through the contention of the First Information Report finds prima facie averments against all the petitioners herein. The counsel for the petitioners submitted that the second petitioner was studying in a College during the relevant point of time. Therefore, this is a matter for investigation and the petitioners can place all the materials before the Investigating Officer and the Investigating Officer definitely would look into the same and he may even close it as mistake of fact.

4.This Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub Assistant Registrar gns/cp To 1.Sub-Inspector of Police, Palanichetti Police Station, Theni District.

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

+1 CC TO Mr. A.K.HEMARAJ , Advocate, Sr.No. 64691 JAM/29/05/2018/ JC /SAR 3/ 2P-4C Crl.O.P.(MD)No.6878 of 2018 27.04.2018 https://hcservices.ecourts.gov.in/hcservices/