Madras High CourtCRL OP(MD)/9532/2018disposed of

G.Kamatchi v. The Inspector Of Police

2018-06-20Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.9532 of 2018 and Crl.M.P.(MD)No.4219 of 2018 1.G.Kamatchi 2.G.Koppaiyasamy 3.V.Kannan 4.M.Muthuvel 5.M.Rajaram 6.R.Muthuramalingam 7.M.Nagenderan 8.M.Murugesan 9.K.Kalidoss 10.K.Sakthimanikandan ... Petitioners/Accused Nos.1 to 10 Vs.

1.The Inspector of Police, Peraiyur Police Station, Madurai District.

(Crime No.78 of 2018)

...Respondent/complainant

2.Radhakrishnan

...Respondent/De-facto Complainant

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the First Information Report in Crime No.78 of 2018 dated 02.05.2018 on the file of the Respondent No.1 for offences under Sections 147, 148, 452, 294(B), 323, 353 and 307 IPC and Section 3 of TNPPDL Act and quash the same as illegal.

For Petitioners : Mr.T.Lajapathiroy For R1 : Mr.Prabhu Ramachandran Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.78 of 2018 dated 02.05.2018, on the file of the first respondent.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) appearing for the first respondent and perused the materials placed on record. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioners would submit that there is no commission of offence made out against the petitioners to register the criminal case in Crime No.78 of 2018. Since the election dispute between the parties, the petitioners have been falsely implicated in this case with malafide intention. Therefore, the petitioners have come before this Court for the aforesaid relief.

4.The learned Government Advocate (Crl. Side) appearing for the first respondent submitted that on the basis of the complaint given by the de-facto complainant, the present case has been registered against the petitioners in Crime No.78 of 2018. He further submitted that the investigation is pending.

5.As pointed out by the learned Government Advocate (Crl.side), the investigation in Crime No.78 of 2018 is pending. Therefore, at this stage, this Court cannot grant the relief as sought by the petitioner and hence, this criminal original petition is dismissed. However, this Court directs the respondent police to complete the investigation in Crime No.78 of 2018 within a period of six weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Inspector of Police, Peraiyur Police Station, Madurai District.

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

+1cc to M/S.T.Lajapathiroy, Advocate SR.No. 69028 Crl.O.P.(MD)No.9532 of 2018 20.06.2018 ns JM/PN/SAR 3/30.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/