Madras High CourtCRL OP(MD)/10219/2021disposed of

Nagaraj v. The Inspector Of Police

2021-07-29Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.10219 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10219 of 2021 Nagaraj ... Petitioner/Accused No.2 Vs.

1.State rep by The Inspector of Police, City Crime Branch Police Station, Tirunelveli City.

...Respondent 1 /Complainant

2.K.Latha

...Respondent No.2/Defacto

Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in Crime No.24 of 2020, pending on the file of the First respondent police and quash the same with regard to the petitioner/accused 2 is concerned.

For Petitioner : Mr.G.Bhagavath Singh For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This Petition is filed seeking quashment of Crime No.24 of 2020, pending on the file of the First respondent. 2.The case of the petitioner is that he was a student of Government Law College, Tirunelveli in the Academic year 2017-2021. Due to pandemic situation, classes were conducted through online. During that time, some obscene statement was made in the chat box by some one. So, the Principal of the College has given a complaint, based on which, a case in Crime No.24 of 2020 was registered on 05.06.2020. According to the petitioner, he is not involved in any crime as alleged in the First Information Report. Mobile phone of the petitioner was also seized by the Investigating Officer. After that, there is no progress in the enquiry.

3.The learned Additional Public Prosecutor would submit that the mobile phone has been sent to the Forensic Science https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10219 of 2021 Laboratory, Chennai for examination and only on receipt of the report from the Laboratory only, Final Report can be filed, for which, he would seek two months time.

4.Considering the facts and circumstances of the allegation that has been made in the First Information Report, it may not be proper on the part of this Court to quash the First Information Report without any basis. Only the examination of the mobile phone will show the fact that whether the petitioner is involved in the crime or not.

5.In view of the above, a direction is issued to the first respondent herein to complete the investigation and file Final Report before the concerned Court within two months from the date of receipt of a copy of this order. Compliance Report must be submitted to the Registry of this Court.

6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector of Police, City Crime Branch Police Station, Tirunelveli City.

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

Copy to The Registrar (Judicial) Madurai Bench of Madras High Court,Madurai.

Crl.O.P.(MD)No.10219 of 2021 29.07.2021 RK (06.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2