Madras High CourtCRL OP(MD)/8305/2021disposed of

Deepan v. The Sub Inspector Of Police

2023-06-07Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.O.P.(MD) No.8305 of 2021 and Crl.M.P.(MD)No.4628 of 2021 Deepan ... Petitioner / Accused No.1 Vs.

1.The State of Tamilnadu Rep. by The Sub Inspector of Police, Eraniel Police Station, Kanyakumari District.

(In Crime No.582 of 2019) 2.Robert Jain ... Respondents / Complainants PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in connection with the impugned charge sheet in Spl.S.C.No.190 of 2021, on the file of the Principal District and Sessions Court, Nagercoil and to quash the same as against the petitioner as illegal.

For Petitioner : Mr.K.Prabhu For Respondents : Mrs.M.Aasha Government Advocate(crl.side) for R1 1/4

O RDER This petition is filed to quash the proceedings in Spl.S.C.No. 190 of 2021, on the file of the Principal District and Sessions Court, Nagercoil

2. On the side of the petitioner, it is stated that the petitioner was not at all present in the scene of occurrence and the petitioner is an Engineering Graduate, doing Law degree. Due to some dispute between the petitioner and the Sub Inspector of Police, a false case was foisted against the petitioner, to prevent the petitioner from getting enrolment himself as an Advocate.

3. On the side of the prosecution, it is stated that already the petitioner filed a similar petition in Crl.O.P.(MD)No.11685 of 2020 before this Court and that petition was dismissed by this Court, on 29.10.2020.

4. On the side of the petitioner, it is stated that the fact of the order in Crl.O.P.(MD)No.11685 of 2020 was already mentioned in 2/4

paragraph No.6 of the affidavit. It is further stated that this Court has ordered as expedite the trial. So far, no trial was commenced and prayed the proceedings to be quashed.

5. On the side of the prosecution, it is stated that the petitioner was very much present in the place of occurrence, but, it is fairly admitted that no trial was commenced sofar.

6. In view of the above submission, the trial Court is directed to dispose of the case within a period of four months from the date of receipt of copy of this order.

7. With the above direction, this Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No Index : Yes/No 07.06.2023 Internet : Yes/No Ls 3/4

R.THARANI. J.

Ls To 1.The Principal District and Sessions Court, Nagercoil.

2.The Sub Inspector of Police, Eraniel Police Station, Kanyakumari District.

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

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