Lasington v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.6041 of 2024 and CRL.M.P(MD).Nos.4527 & 4528 of 2024 1.Lasington

2. George @ Pallan George

...Petitioners

Vs 1.State rep. by The Inspector of Police, Uvari Police Station, (Cr.No.87 of 2002) 2.A.Vijaya Kumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the S.C.No.31 of 2020 on the file of the Subcourt, Valliyoor, Tiruneveli District and quash the same as illegal as against the petitioners.

For Petitioners : Mr.K.Rajeshwaran For R1 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

O R D E R

The petitioners have filed this petition, seeking to quash the proceedings in S.C.No.31 of 2020 on the file of the Subcourt, Valliyoor,

2. The case of the prosecution is that on 08.10.2002, the petitioners and the other accused gathered in front of the Bharathar Uvari Matha Kovil and abused the defacto complainant in filthy language. The A-1 attempted to attack the defacto complainant with Aruval. Hence, the case has been registered against the petitioners.

3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. Also, he submitted that the co-accused have been acquitted by the trial Court. Therefore, the FIR shall be quashed as against the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that non-bailable warrant is pending against the A-10 and the petitioners have not appeared before the trial Court. 2/4

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent.

6. Though the petitioners have raised several grounds, considering the conduct of the petitioners in not appearing before the trial Court, this Court is not inclined to quash the proceedings. Therefore, this Criminal Original Petition is dismissed with a direction to the petitioners to appear before the trial Court. Consequently, the connected miscellaneous petitions are closed. 24.04.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr 3/4

B.PUGALENDHI , J.

jbr To

1. The Inspector of Police, Uvari Police Station,

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

CRL.O.P (MD) No.6041 of 2024 and CRL.M.P(MD).Nos.4527 & 4528 of 2024 24.04.2024 4/4