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Madras High CourtCRL OP(MD)/17793/2018allowed

Jeybalan v. The Inspector Of Police

2018-10-04Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD]No.17793 of 2018 and Crl.M.P.(MD) Nos.7893 and 7894 of 2018 Jeyabalan : Petitioner/Sole Accused Vs.

1.The State represented by The Inspector of Police (L&O), B4, Keeraithurai Police Station, Madurai City, (Crime No.223 of 2016) : Respondent/Complainant 2.T.H.Lakshmi : Respondent/ Defact Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the final report in S.T.C.No.131 of 2016 on the file of the learned Judicial Magistrate No.IV, Madurai and quash the same as illegal and devoid of merits. For Petitioner : Mr.M.Jegadeesh Pandian For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

It is seen from records that the FIR was registered against the petitioner for the offence under Section 4 of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. 2.The person, who registered the FIR had investigated this case and has also filed a final report. Therefore, the entire investigation is vitiated in view of the judgment of this Court in Crl.O.P.(MD)No.1356 of 2018 batch, dated 20.09.2018. 3.In the result, this criminal original petition is allowed and the proceedings in S.T.C.No.131 of 2016 on the file of the learned Judicial Magistrate No.IV, Madurai is hereby quashed. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-III)

To

1. The Judicial Magistrate No.IV, Madurai.

2.The Inspector of Police (L&O), B4, Keeraithurai Police Station, Madurai City.

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

+1 CC To MR.M.JEGADEESH PANDIAN, Advocate SR. NO. 88934 Crl.O.P.[MD].No.17793 of 2018 04.10.2018 MM TR/SKN/SAR-III(13.11.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/