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Madras High CourtCRL OP(MD)/6077/2016dismissed

R. Stalin v. The Sub Inspector Of Police

2016-04-15Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.6077 of 2016 and Crl.M.P(MD)No.2993 of 2016 R.Stalin ... Petitioner/Accused No.1 vs.

1.State by Sub-Inspector of Police, Kulithalai Police Station, Karur District.

2.N.Selvarasu ... Respondents/Complainants Prayer: Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records vide FIR Crime No.469 of 2013 pending on the file of the first respondent and to quash the same as against the petitioner.

For Petitioner : Mr.G.M.Xavier For R - 1 : Mrs.S.Prabha Govt. Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to call for the records vide FIR Crime No.469 of 2013 pending on the file of the first respondent and to quash the same as against the petitioner.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

3. On a reading of the F.I.R, it is seen that the Principal of Government Arts College, has lodged the present complaint. It https://hcservices.ecourts.gov.in/hcservices/ is seen that the students had gathered unlawfully in the college

premises and have caused damage to six glass windows in an agitation by them. Since there are prima facie materials in the F.I.R., it is not a fit case to quash the F.I.R. as per the law laid down in State of Haryana V. Bhajan Lal reported in AIR 1992 SUPREME COURT, 604. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is also dismissed.

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

To:

1.The Sub-Inspector of Police, Kulithalai Police Station, Karur District.

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

Crl.O.P.(MD) No.6077 of 2016 15.04.2016 ssl PA/JGB-SS/10.05.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/