Madras High CourtCRL OP(MD)/13526/2018dismissed

K.Sundara Rajamoorthy v. The Inspector Of Police

2018-08-02Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.13526 of 2018 and Crl.M.P(MD)No.6095 of 2018 K.Sundara Raja Moorthy ... Petitioner/Sole Accused Vs.

1. The State Represented by The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

(Crime No.17 of 2018). ... Respondent No.1/Complainant

2. Navasakthi ... Respondent No.2/ Defacto complainant PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the First Information Report in Crime No.17 of 2018 dated 14.02.2018 on the file of the Respondent No.1 for offences U/s.294(b), 506(i) of Indian Penal Code, 1860 and Sec 3(1)(r) & (s) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 2015 and quash the same as illegal as against the petitioner.

For Petitioner : Mr.T.Lajapathiroy, For R1 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

O R D E R

This application is filed to quash the FIR in Crime No.17 of 2018, on the file of the Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent and also perused the materials available on record.

3. It is submitted by the learned Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

that the case has been registered against the petitioner in Cr.No.17 of 2018 and after investigation, charge sheet has been filed on 21.04.2018 before the Principal Sessions Court, Ramanathapuram for the offences under Sections 294(b) and 506(i) of IPC and Section 3 (1)(r) and 3(1)(s) of SC & ST Act and the same was not taken on file.

4. Recording the submissions made by the learned Additional Public Prosecutor, this petition is dismissed with liberty to the petitioner to challenge the charge-sheet, if so advised. Consequently, connected miscellaneous petition is dismissed. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

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

+ 1 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 76873 AM TE/RP/SAR-3 : 21/08/2018 : 2P/4C Crl.O.P.(MD).No.13526 of 2018 02.08.2018 https://hcservices.ecourts.gov.in/hcservices/