Madras High CourtCRL OP(MD)/16449/2016allowed

V.Babu v. The Special Sub Inspector Of

2018-10-05Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD) No.16449 of 2016 and Crl.M.P.(MD) No.8059 of 2016 V.Babu ... Petitioner/Accused No.1 vs.

1.The State of Tamil Nadu represented by the Special Sub Inspector of Police, District Crime Branch, Sivagangai District.

... Respondent No.1/Complainant 2.U.Subbaiah

...Respondent No.2/De facto Complainant

Prayer: This Criminal Original filed under Section 482 of the Code of Criminal Procedure, to call for the records relates to the case in Crime No.15 of 2016 on the file of the first respondent herein registered on 10.08.2016, quash the same as against the petitioner herein.

For Petitioners : Mr.K.Chellapandian senior counsel for Mr.D.Sivaraman For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 : No appearance

ORDER

This criminal original petition has been filed to quash the FIR in Crime No.15 of 2016 on the file of the first respondent. 2.The petitioner is A1 in this case. There are totally three accused persons in this case. Already A2 namely, Rangarajan and A3, Senthil Balaji had approached this Court and filed a petition to quash the FIR in Crime No.15 of 2016. This Court had elaborately dealt with the issue and found that there are absolutely no grounds made out against the accused persons and this Court also went to the extent of finding that the defacto complainant was the one, who had actually committed the offence and the entire blame is sought to be https://hcservices.ecourts.gov.in/hcservices/

put against the petitioner. This Court found that absolutely no offence has been made out against A2 and A3 and consequently, quashed the FIR.

3.The petitioner before this Court is A1. He is also placed in the same footing to that of A2 and A3. Therefore, the order passed by this Court in Crl.O.P.(MD) No.14067 of 2016 dated 19.09.2016 will also enure to the benefit of the present petitioner. 4.In view of the above, this criminal original petition is allowed and the FIR in Crime No.15 of 2016 is hereby quashed. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar(CS-III) mm To 1.Special Sub Inspector of Police, District Crime Branch, Sivagangai District.

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

+1cc to Mr.D.Sivaraman, Advocate in SR No.89287 Crl.O.P(MD) No.16449 of 2016 NM/RP/SAR III/12.11.18/2P/4C.

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