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Madras High CourtCRL OP(MD)/5886/2016disposed of

Ganesh Kamu v. The Sub Inspector Of Police

2016-04-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5886 of 2016 and Crl.M.P.(MD).No.2909 of 2016 Ganesh Kamu ... Petitioner Vs.

1. The State represented by Sub-Inspector of Police, Krishnan Kovil Police Station, Virudhunagar District.

2. Athishtakumar ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the F.I.R. in Crime No.18 of 2016 on the file of the first respondent Krishnan Kovil Police Station, Virudhunagar District and quash the same. For Petitioner : M/s. M.Kalamurugappan For R1 : Mrs.S.Prabha Government Advocate (Crl.side)

O R D E R

The Criminal Original Petition has been filed to call for the records pertaining to the F.I.R. in Crime No.18 of 2016 on the file of the first respondent Krishnan Kovil Police Station, Virudhunagar District and quash the same.

2. On reading of the F.I.R. in Crime No.18 of 2016, it is seen that the de-facto complainant was attacked by the petitioner with the liquor bottle on the head. On account of which, the de-facto complainant appears to have suffered some injuries.

3. The learned counsel for the petitioner submitted that on the complaint given by the petitioner, a case in Crime No.17 of 2016 for the offences under Sections 323, 324 and 506(ii) of I.P.C., has been registered against the de-facto complainant. Thus, it is seen that it is the case and counter. Since there are prima facie materials in Crime No.18 of 2016 for the police to investigate, this Court is not inclined to quash the F.I.R. in Crime No.18 of 2016. The learned counsel for the petitioner further submitted that the de-facto complainant in Crime No.18 of 2016 is a notorious person and history sheeted rowdy. He further contended that the petitioner is likely to get enrole himself as an advocate and only in order to prevent that, the de-facto complainant has lodged an F.I.R. in Crime No.18 of 2016.

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4. Under such circumstances, this Court is of the view that this is a fit case to direct the Deputy Superintendent of Police, Srivilliputhur to monitor the investigation in Crime Nos.17 and 18 of 2016 on the file of the Inspector of Police, Krishnankovil Police Station.

With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed.

Sd/ Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To

1. The Sub-Inspector of Police, Krishnan Kovil Police Station, Virudhunagar District.

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

+1cc to M/S.M.Kala Murugappan, Advocate in SR.No.19874 Crl.O.P.(MD)No.5886 of 2016 07.04.2016 akv PA/NGM-SS/SAR I/21.04.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/