Madras High CourtCRL OP(MD)/5798/2021closed

Auspin Jebaraj v. The Inspector Of Police

2023-04-05Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.5798 of 2021 and Crl.M.P(MD) No.3352 of 2021 1.Auspin Jebaraj 2.Ajith Jeba Raj 3.Inbaraj 4.Kanaga Bai

...Petitioners

Vs.

1.The State Represented by Inspector of Police, Thuckalay Police Station, Kanyakumari District.

(Crime No.984 of 2020) 2.Elankeswaran

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to pass an order calling for the records Crime No.984 of 2020 on the file of Thuckalay Police Station, Kanyakumari District and quash the same with regard to the petitioner.

For Petitioners : Mr.S.C.Herold Singh For R-1 : Mr.M.Muthumanikkam Government Advocate

ORDER

The petitioners/Accused Nos.1 to 4 have filed this petition to quash the FIR in Crime No.984 of 2020 on the file of the Inspector of Police, Thuckalay Police Station, Kanyakumari District, wherein they were said to have committed offence under Sections 447, 427, 294(b), 324 and 506(ii) IPC.

2. The case of the prosecution is that on 25.11.2020 at about 09.00 AM, when the defacto complainant was going to shop for purchasing things, the petitioners were damaging the compound wall of the defacto complainant's property. It is alleged in the complaint that when the defacto complainant questioned the same, all the petitioners threatened the defacto complainant with dire consequences. Hence, the defacto complainant preferred a complaint before the respondent police and the same was registered in Crime No.984 of 2020 for the above said offence and to quash the same, the petitioners filed this petition.

3. When the matter is taken up for hearing today, the learned Government Advocate appearing for the first respondent would submit that the investigation in Crime No. 984 of 2020 has been completed and charge sheet has been filed before the learned Judicial Magistrate, Padmanabapuram in C.C.No.67 of 2023.

4. Recording the same, this Criminal Original Petition stands closed with liberty to the petitioners work out their remedy in the manner known to law. Consequently, connected Miscellaneous Petition stands closed.

05.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No BTR To 1.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

K.K.RAMAKRISHNAN, J.

BTR Crl.O.P.(MD) No.5798 of 2021 and Crl.M.P(MD) No.3352 of 2021 05.04.2023