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Madras High CourtCRL OP(MD)/11013/2021closed

Rajeshkumar v. The Inspector Of Police

2023-04-13Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM:

THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN and Crl.M.P(MD)No.5626 of 2021 Rajeshkumar .. Petitioner/ Accused No.3 Vs.

1. The Inspector of Police, Eral Police Station, Thoothukudi. .. Respondent No.1/Complainant

2. Chandrakani .. Respondent No.2/ De-facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.3 of 2021 dated 04.01.2021 on the file of the 1st respondent and quash the same as illegal. 1/4

For Petitioner : Mr.V.Rajiv Rufus For R1 : Mr.M.Muthumanikkam Government Advocate(Criminal Side) For R2 : No appearance

ORDER

The petitioner/A3 has filed this petition to quash the FIR in Crime No.3 of 2021 on the file of the first respondent, wherein he is said to have committed the offence under Sections 294(b), 427 and 506(i) IPC.

2. The case of the prosecution is that the defacto complainant and the petitioners are neighbours. Due to the previous dispute with regard to the East-West compound wall, on 04.01.2021, the petitioners and other accused persons demolished the said compound wall using crowbar. When the same was questioned by the defacto complainant, they abused her using filthy language and threatened her with dire consequences. The damage caused by the accused persons is estimated to Rs.5,000/-. Hence, the complaint.

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3. The learned Government Advocate (Criminal side) submitted that after completion of investigation, charge sheet has been filed and the same was taken on file as C.C.No.226 of 2022 on the file of the learned Judicial Magistrate, Srivaikundam.

4. Recording the same, this Criminal Original Petition stands closed with liberty to the petitioners to work out their remedy in the manner known to law. Consequently, connected miscellaneous petition is closed. 13.04.2023 NCC : Yes/No Internet: Yes/No Index : Yes/No PJL To 1.The Inspector of Police, Eral Police Station, Thoothukudi.

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

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K.K.RAMAKRISHNAN,J.

PJL Crl.OP(MD)No.11013 of 2021 and Crl.M.P(MD)No.5626 of 2021 13.04.2023 4/4