Senthiyappan v. The Inspector Of Police

Crl.O.P(MD)No.11204 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11204 of 2020 and Crl.M.P.(MD)No.5099 of 2020 1.Senthiyappan 2.Velmurugan 3.Malaichamy ... Petitioners Vs 1.State represented by The Inspector of Police, Nathampatti Police Station, Virudhunagar, Virudhunagar District.

2.Muthuraj ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the First Information Report in Crime No.23 of 2020 dated 19.02.2020 on the file of the respondent No.1, Police personnel, under alleged offence under Sections 147, 148, 448, 294(b), 336, 324, 427 and 506(ii) of IPC and quash the same as illegal as against the petitioners alone. For Petitioners : Mr.T.Lajapathi Roy For Respondents : Ms.S.E.Veronica Vincent, Government Advocate (Crl.Side) for R1

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first respondent. 2.The petitioners want this Court to quash the impugned First Information Report as far as they are concerned. 3.I went through the contents of the First Information Report. The learned Government Advocate also read out the statement recorded under Section 161 of Cr.P.C. given by the defacto complainant. There are certain allegations made against the petitioners even though the primary allegations are only against the first and second accused.

4.The learned counsel for the petitioners states that the petitioners have already obtained anticipatory bail. Therefore, the respondents will not harass or even summon the petitioners to the station.

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Crl.O.P(MD)No.11204 of 2020 5.I am of the view that this is not the stage to appreciate the case against the petitioners. The criminal original petition stands dismissed. I make it clear that it is always open to the petitioners to move this Court again after filing of the final report. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2020 Sub Assistant Registrar(CS) ias 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, Nathampatti Police Station, Virudhunagar, Virudhunagar District.

Copy To:- The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-20079[F] dated 14/10/2020 ) Crl.O.P(MD)No.11204 of 2020 13.10.2020 SS(CO) AP(22/10/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2