Hakkimdeen v. The Inspector Of Police

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.6106 of 2021 Hakkimdeen .. Petitioner/ Sole Accused Vs.

1.The State Rep. by The Inspector of Police, South Gate Police Station, Madurai District.

(Crime No.41 of 2021) ... 1st Respondent/Complainant 2.S.Mohammed Muthu ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the proceedings in Crime No.41 of 2021 on the file of Inspector of Police, South Gate Police Station, Madurai District and quash the same. Page No.1 of 5

For Petitioner : Mr.R.Senthil Kumar For R1 : Mr.M.Muthumanikkam Government Advocate

ORDER

The petitioner/sole accused has filed this petition to quash the FIR in Crime No.41 of 2021 on the file of the first respondent police, wherein he is said to have committed the offence under Sections 294(b), 379 and 506(ii) of IPC.

2. The case of the prosecution is that the petitioner is a frequent purchaser of fish from the defacto complainant and has not paid the amount due to him. On 31.01.2021, the defacto complainant was busy with his work of selling the fish. After some time, he noticed that the fish box was found missing with 30 kg of Ooli fish. The defacto complainant immediately saw the CCTV footage and found out that the petitioner had stolen the fish box. Thereafter, the defacto complainant had searched the petitioner but he was not there. On 01.02.2021, the defacto Page No.2 of 5

complainant found the petitioner at the entrance of South Gate Fish Market. When he questioned the petitioner about the occurrence on 31.01.2021 and asked the petitioner to return the fish box, he had scolded them in filthy language and also threatened him with dire consequences. Hence, the complaint.

3. When the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the first respondent submitted that the case is ended in acquittal.

4. Recording the same, this Criminal Original Petition stands closed. Consequently, connected Miscellaneous Petition is closed. 13.04.2023 NCC : Yes/No Internet: Yes/No Index : Yes/No cp Page No.3 of 5

To 1.The Inspector of Police, South Gate Police Station, Madurai District.

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

Page No.4 of 5

K.K.RAMAKRISHNAN,J.

cp Crl.OP(MD)No11954 of 2021 13.04.2023 Page No.5 of 5