Madras High CourtCRL OP(MD)/9504/2021disposed of

Athiyaman v. The Inspector Of Police

2021-07-26Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9504 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9504 of 2021 CRL.M.P.(MD).No.4853 of 2021 Athiyaman ... Petitioner/Sole Accused Vs.

1.The Inspector of Police, Karur Town Police Station, Karur District.

Crime No.1171 of 2020 2.Periyasamy The Sub Inspector of Police, Karur Town Police Station, Karur District. ...Respondents/Complainant/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the impugned FIR in Crime No.1171 of 2020 dated 24.10.2020 on the file of the 1st respondent Police and quash the same as illegal. For Petitioners : Mr.A.N.Ramanathan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor.

O R D E R

This Petition has been filed to call for the records relating to the impugned FIR in Crime No.1171 of 2020 dated 24.10.2020 on the file of the 1st respondent Police and quash the same as illegal.

2. The First Information Report is filed based upon the complaint given by the defacto complainant on the ground that on 24.10.2020, the petitioner was found with 1⁄4 unit of river sand which has been transported in Bullock Cart and he was arrested on the spot itself.

3. The learned counsel for the petitioner would submit that the petitioner has been selected for Uniformed Services. Because of pendency of this criminal case, his future may get affected.

4. However, the above said ground cannot be taken into account at this stage, because the petitioner has involved in illegal sand https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9504 of 2021 mining activities. Moreover, his name is also mentioned in the First Information Report and so false implication may not arise. Therefore, the question of quash does not arise at all. However, the learned counsel for the petitioner submitted that a direction may be issued to the second respondent to complete the investigation and file a final report within a time stipulated by this Court.

5. Considering the nature of allegation as well as the request made by the petitioner, there shall be a direction to the first respondent to complete the investigation and file a final report within a period of two months from the date of receipt of a copy of this Order before the concerned court.

6. Accordingly, the Criminal Original Petition stands disposed of with the above said direction. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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.

1.The Inspector of Police, Karur Town Police Station, Karur District.

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

Crl.O.P.(MD)No.9504 of 2021 26.07.2021 MGJ(03.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2