Madras High CourtCRL OP(MD)/11952/2022closed

Appukutti v. The Inspector Of Police

2022-07-05Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.11952 of 2022 and Crl.M.P(MD) No.7559 of 2022 1.Appukutti

2. Balasubramani ... Petitioners/ Accused No.1 and 2 Vs

1. The State Represented by The Inspector of Police, Thennilai Police Station, Karur District Crime No.99 of 2022.

... 1st Respondent/Complainant

2. Kullama Nayakkar ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to FIR in Crime No.99 of 2022, dated 12.06.2022 on the file of the first respondent Police Station and quash the same.

For Petitioner : Mr.A.Joseph Jerry For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl Side) 1/4

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.99 of 2022 on the file of the first respondent. 2.The learned counsel for the petitioners submitted that the petitioners/ Accused No.1 and 2 involved in a case in Crime No.99 of 2022 for the offences under Sections 294(b) and 506(i) of IPC. This is a false case. But, now the accused again made the complaint against the de-facto complainant and the same was registered in Crime No.100 of 2022 for the offences under Sections 341, 294(b) and 506 (ii) of IPC.

3. The learned Government Advocate (Criminal Side) appearing for the first respondent submitted that the petitioners/ accused involved in this case in Crime No.99 of 2022 for the offences under Sections 294(b) and 506 (i) IPC. In this case, after investigation, charge sheet has been filed before the Judicial Magistrate, Aravakurichi and in the counter case registered in Crime No.100 of 2022 for the offences under Sections 341, 294(b) and 506 (ii) IPC investigation is going on and final report is not filed.

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4. Considering the facts and circumstances of the case and also considering the fact that charge sheet has already been filed in Crime No.99 of 2022, this Criminal Original Petition is closed. The learned Judicial Magistrate, Aravakurichi is directed to take the final report in Crime No.99 of 2022 on file, if it is otherwise in order. The respondent police is directed to file a final report in Crime No.100 of 2022 for the offences under Sections 341, 294(b) and 506 (ii) IPC in accordance with law. Consequently, the connected Miscellaneous Petition is closed. .

05.07.2022 Internet:Yes./No Index:Yes/no ebsi To

1. The Inspector of Police, Thennilai Police Station, Karur District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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V.SIVAGNANAM, J.

ebsi ORDER IN CRL.O.P (MD) No.11952 of 2022 05.07.2022 4/4