Madras High CourtCRL OP(MD)/11587/2018dismissed

T.K. Sankar v. The Inspector Of Police

2018-07-12Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.11587 of 2018 and Crl.M.P.(MD)No.5257 of 2018 T.K.Sankar ... Petitioner /Accused No.29 Vs.

1.State represented by The Inspector of Police, CCIW CID, Thanjavur, (Crime No.5 of 2016) ...Respondent/Complainant 2.S.Arivalagan ...2nd Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the records and quash the Crime No.5 of 2016 on the file of the Inspector of Police, CCIW CID, Thanjavur, in so far as the petitioner concern. For Petitioner : Mr.V.Illanchezian For Respondent : Mr.Prabhu Ramachandran, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.5 of 2016 on the file of the Inspector of Police, CCIW CID, Thanjavur, and quash the same, so far as the petitioner concern.

2.According to the learned counsel for the petitioner, a complaint was preferred by the second respondent and on the basis of the complaint, a case has been registered in Crime No.5 of 2018 by the first respondent herein. The petitioner has been wrongly implicated in the said criminal case. Therefore, the petitioner filed this present Criminal Original Petition, to quash the impugned First Information Report, sofar as the petitioner is concerned. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Government Advocate (Criminal side) submitted that the first respondent has filed a charge sheet against the petitioner and others, under Sections 120(b), 408, 467, 468, 471, 477(A) r/w 467, 477(A) IPC before the concerned Court and the same was not taken on file.

4.In view of the aforesaid submissions made by the learned Government Advocate (Criminal side), the present Criminal original Petition, challenging the impugned First Information Report, cannot be sustained and the same is liable to be dismissed. 5.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Inspector of Police, CCIW CID, Thanjavur.

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

+1CC to Mr.V.Ilanchezian Advocate in SR.No.72676. PNN DS/PN/SAR-4 :23.07.2018: 2P/4C Crl.O.P.(MD) No.11587 of 2018 12.07.2018 https://hcservices.ecourts.gov.in/hcservices/