Madras High CourtCRL OP(MD)/23712/2016dismissed

Alammin v. The Inspector Of Police,

2016-12-22Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2016

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD).No.23712 of 2016 and CRL.M.P(MD).No.12504 of 2016 Alammin .. Petitioner/Accused No.1 Vs

1. The State rep. by The Inspector of Police, Colachel Police Station, Kanyakumari District. .. Respondent/Complainant

2. Late. Amanulla .. Respondent/ Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.No.123 of 2014, on the files of the learned Judicial Magistrate, Eraniel and quash the same.

For Petitioner : Mr.G.V.Selvan For Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition has been filed to quash the case in C.C.No.123 of 2014, on the file of the learned Judicial Magistrate, Eraniel.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the State and perused the materials available on record.

3. The learned counsel for the petitioner would submit that due to previous enmity, the defacto complainant has falsely lodged a complaint against the accused persons and the petitioner has been falsely implicated in this case.

4. Perusal of the records clearly reveals that the offences under Sections 341, 294(b), 323 and 506(i) of I.P.C., are made out against the accused persons. Further, the submission of the petitioner that no allegations made in the complaint to frame charges against the accused is not at all maintainable. Hence, this petition is liable to be dismissed.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(RTI) https://hcservices.ecourts.gov.in/hcservices/ /TRUE COPY/ Sub Assistant Registrar

To 1.The Inspector of Police, Colachel Police Station, Kanyakumari District.

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

+1 cc to MR.S.C.Herold Singh,ADVOCATE, SR NO: 82751 PJL sva/skn/mm/25.01.2017/2p/4c Crl.O.P.(MD).No.23712 of 2016 22.12.2016 https://hcservices.ecourts.gov.in/hcservices/