K.Sachin, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD).No.8439 of 2017 and Crl.M.P.(MD).No.5698 of 2017 1.K.Sachin 2.K.V.Kasinathan 3.O.Naveen 4.Sridhar 5.K.Naveen Kumar .. Petitioners/Accused Nos.06, 19, 32, 33 and 50 Vs.
1. State represented by The Inspector of Police, Kaadupatti Police Station, Madurai. .. Respondent/Complainant (In Crime No.12 of 2016) 2.P.Murugan .. Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records pertaining to the First Information Report in Crime No.12 of 2016, dated 17.01.2016 on the file of the respondent No.1 for the offences under Sections 147, 447, 307 of IPC., and Section 3 of TNPPDL Act and Section 3(2) (v) of SC/ST Act and quash the same as illegal as against the petitioners.
For Petitioners : Mr.T.Lajapathi Roy For R1 : Mr.K.Anbarasan Government Advocate (Criminal side)
ORDER
This petition is filed seeking to call for the records pertaining to the First Information Report in Crime No.12 of 2016, dated 17.01.2016, on the file of the respondent No.1 for the offences under Sections 147, 447, 307, of IPC., and Section 3 of TNPPDL Act and Section 3(2) (v) of SC/ST Act, and quash the same as illegal as against these petitioners.
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2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the first respondent.
3. Based on the complaint of the second respondent a case has been registered against the petitioners in Crime No.12 of 2016, for the offences punishable under Sections 147, 447, 307, of IPC and Section 3 of TNPPDL Act and Section 3(2) (v) of SC/ST Act, on the file of the first respondent.
4. Mr.T.Lajapathi Roy, learned counsel for the petitioners would submit that the petitioners are falsely roped in this case. Since the complaint is motivated, it is liable to be quashed.
5. The learned Government Advocate (Crl. Side), on instructions, would submit that after completion of investigation, charge sheet has already been filed on 12.09.2016. He further submitted that though the same was returned for some rectifications, it was represented on 05.07.2017 after complying the defects. 6.Recording the submission made by the learned Government Advocate (Crl. Side), the criminal original petition is dismissed. However, liberty is given to the petitioners to work out their remedy in the manner known to law. Consequently, connected miscellaneous petition is dismissed.
Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To
1. The Inspector of Police, Kaadupatti Police Station, Madurai.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
DAS/PJL TE/JC/SAR-IV : 18/07/2017 : 2P/3C Crl.O.P.(MD).No.8439 of 2017 and Crl.M.P.(MD).No.5698 of 2017 06.07.2017 https://hcservices.ecourts.gov.in/hcservices/