Madras High CourtCRL OP(MD)/9569/2017closed

Gobu, v. The Inspector Of Police,

2017-07-25Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL O.P(MD)No.9569 of 2017 and CRL M.P(MD)No.6529 of 2017 Gobu : Petitioner /Accused No.2 Vs.

1.The State Represented by its, Inspector of Police, Cantonment Police Station, Trichy City.

(Crime No.400/2017) : 1st Respondent/ Complainant

2. A.Palanisamy : 2nd Respondent / De facto Complainant PRAYER: Criminal Original petition is filed under Section 482 of the Criminal Procedure Code, to call for the First Information Report in Crime No.400 of 2017 on the file of the 1st respondent police and quash the same against the petitioner. For Petitioner : Mr.N.Sudhagar Nagaraj For R-1 : Mr.K.Anbarasan, Government Advocate.

O R D E R

This Criminal Original petition is filed for quashing the First Information Report in Crime No.400 of 2017 on the file of the 1st respondent police, against the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the first respondent.

3. The learned counsel for the petitioner stated that though the petitioner is shown as accused No.2, there is no specific allegation against the petitioner in the First Information Report. The case was registered by the first respondent police in Crime No.400 of 2017 for the alleged offences under Sections 337 and 397 of I.P.C. Subsequently, the First Information Report was also altered by the first respondent police under Section 304(A) of I.P.C.

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4. The learned Government Advocate(Criminal side) on instructions submitted that the final report has already been filed on 21.06.2017 and that therefore, this petition cannot be entertained at this stage.

5. Recording the statement of the learned Government Advocate (Criminal side), the Criminal Original petition is closed with liberty to the petitioner to work out his remedy in the manner known to law. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.Inspector of Police, Cantonment Police Station, Trichy City.

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

CRL OP(MD)No.9569 of 2017 and CRL MP(MD)No.6529 of 2017 25.07.2017 PMU JM/JC/SAR 2/07.08.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/