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Madras High CourtCRL OP(MD)/11797/2020allowed

P.Ponnusamy v. The Inspector Of Police

2023-04-06Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.O.P.(MD) No.11797 of 2020 and Crl.M.P.(MD)No.5400 of 2020 P.Ponnusamy ... Petitioner / Accused No.2 Vs.

1.State through The Inspector of Police, Sholavanthan Police Station, Madurai District.

(Crime No.215 of 2013) ... 1st respondent / complainant 2.K.Praburaja ... 2nd respondent /defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to Crime No.215 of 2013 on the file of the first respondent police and to quash the same. For Petitioners : Mr.K.Neelamegam For R1 : Mrs.M.Aasha Government Advocate (Crl.Side) O RDER This petition is filed to quash the case in Crime No.215 of 2013 on the file of the first respondent police.

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2. On the side of the petitioner it is stated that there is no allegation or overt act against the petitioner in the First Information Report. The entire allegation was against the first accused and the first accused is dead. The petitioner is a law college student at that time of occurrence and prays the First Information Report to be quashed. 3.On the side of the prosecution, it is stated that the complainant was working as a Police in the Tamil Nadu Battalion and when he tried to pacify the quarrel between one Velusamy and Mani, he was attacked. Hence the case.

4.From a perusal of the First Information report, it is seen that there is no specific overt act against the petitioner. Therefore, the case in Crime No.215 of 2013 on the file of the first respondent police is quashed and this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

06.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No pnn 2/4

To 1.The Inspector of Police, Sholavanthan Police Station, Madurai District.

(Crime No.215 of 2013) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.THARANI. J.

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