T.K.Thukkaaram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2023

CORAM:

THE HONOURABLE MRS. JUSTICE R.THARANI and Crl.M.P.(MD)No.4596 of 2020 T.K.Thukkaaram

...Petitioner

Vs 1.State Rep. By the Inspector of Police, Thiruvidaimaradur Police Station, Thiruvidaimaradur.

(Crime No.1031 of 2020) 2.R.Geetha

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the records relating to the FIR registered in Crime No.1031 of 2020 on the file of the first respondent police and to quash the same as illegal so far as the petitioner is concerned. For Petitioner : Ms.G.Amirtha, For Mr.E.Mohamed Abbas For 1st Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This petition is filed to quash the FIR in Crime No.1031 of 2020 on the file of the first respondent.

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2.The allegation against the petitioner is that on 24.06.2020 at about 10.30 a.m., the second respondent worked as an employee in the Thirubhuvanam Silk Handloom Weavers Cooperative Society and that the husband of the second respondent is also a member of the Society. The petitioner and one Saravanan refused the payment for saree and the petitioner abused the second respondent and her husband in filthy language and they attempted to assault of the husband of the second respondent with a wooden log and hence, a case was registered against the petitioner and one Saravanan. 3.On the side of the petitioner, it is stated that this case is a false case filed as a counter case to the case filed by one Saravanan against the husband of the second respondent and others.

The petitioner was not at all in the place of occurrence at the time mentioned in the complaint. The counter case was also pending against the defacto complainant and others. The petitioner addressed the Superintendent of Police to preserve the CCTV footage. 4.On the side of the prosecution, it is stated that a chargesheet was filed and the same was taken on file as C.C.No.38 of 2022 on the file of the learned Judicial Magistrate, Thiruvidaimaradur and the matter is posted for next hearing on 04.05.2023.

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5.In view of the submission made by the prosecution and hence, the chargesheet was already filed, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. 24.04.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn To 1.The Inspector of Police, Thiruvidaimaradur Police Station, Thiruvidaimaradur.

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

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R. THARANI,J.

Mrn 24.04.2023 4/4