Madras High CourtCRL OP(MD)/5689/2021closed

S.Vinish Raj v. The Sub Inspector Of Police

2021-04-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5689 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5689 of 2021 and Crl.M.P.(MD)No.3285 of 2021 S.Vinish Raj ... Petitioner Vs.

1. State Rep. by The Sub-Inspector of Police, Anjugramam Police Station, Anjugramam, Kanyakumari District.

(In Crime No.55 of 2021)

2. Mariya Amutha ... Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned FIR in Crime No.55 of 2021 on the file of the first respondent police and quash the same as illegal insofar as the petitioner is concerned.

For Petitioner : Mr.C.Kishore For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side)

ORDER

The present petition is filed seeking quashment of the First Information Report in Crime No.55 of 2021 pending on the file of the first respondent police.

2.The case of the petitioner is that there was a civil dispute between the petitioner and the de-facto complainant, in which, the de-facto complainant lodged a false complaint against him and his father before the first respondent police. The first respondent police, without conducting proper enquiry, registered a case in Crime No.55 of 2021 for the offence punishable under Sections 341, 294(b), 323 and 506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002 against the petitioner and his father. Hence, him filed the present petition seeking quashment of the First Information Report.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5689 of 2021 3.Heard the learned counsel on either side.

4.According to the learned Government Advocate (Criminal side), in the course of investigation, it was found that the petitioner was not involved in the alleged occurrence and his name was also removed from the First Information Report.

5.Recording the said submission made by the learned Government Advocate (Criminal side), nothing survives for further adjudication in this case and the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS-) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The Sub-Inspector of Police, Anjugramam Police Station, Anjugramam, Kanyakumari District.

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

+1 CC to Mr.C.KISHORE, Advocate ( SR-16829[F] dated 21/04/2021 ) Crl.O.P.(MD)No.5689 of 2021 and Crl.M.P.(MD)No.3285 of 2021 21.04.2021 SJI TE : 03/06/2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2