Raja Rajendran v. The Inspector Of Police

C rl.O.P.(MD)No.13986 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2020 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU CRL.O.P.(MD)No.13986 of 2020 and CRL(MD)No.6425 of 2020 1)Raja Rajendran 2)Baskar 3)Gobi 4)Suseendhar ... Petitioners/ Accused 8,9,11 & 12 vs.

1)State represented by The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

2)Rajendran ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in FIR in Crime No.217 of 2020 dated 28.04.2020 on the file of the 1st respondent Police as against the petitioners and quash the same.

For Petitioners : Mr.M.Pandian For R1 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records in FIR in Crime No.217 of 2020 dated 28.04.2020 on the file of the 1st respondent Police as against the petitioners and quash the same.

2.The learned counsel for the petitioners would state that there was previous enmity between the petitioners and the defacto complainant's group who were used to provoke the petitioners by using their caste name and they did not allow to give prize for winning kabadi competition in the village festival since the petitioners belong to low caste. While so, on 28.04.2020, there was a quarrel between the defacto complainant's group and the petitioners' group, in which, the defacto complainant scolded the petitioners in filthy language using caste name of the petitioners and beaten them using sticks and threatened them with weapon and caused simple injuries and therefore, a complaint was given by the petitioners' group and a case was registered in Crime No.216/2020 https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.13986 of 2020 under Sections 147, 148, 294(b), 323, 324, 506(2), 188, 269 and 270 IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act on 28.04.2020. In order to wreak vengeance, the 2nd respondent/defacto complainant gave a counter complaint as if on 28.04.2020, around 07.00 p.m. while the 2nd respondent/defacto complainant and his family were cooking in their house, the petitioners along with other accused started to shout in filthy language and the same has been registered in Crime No.217/2020 147, 148, 294(b), 506(2), 188, 269 and 270 IPC. The learned counsel would further state that on the face of the FIR, no case is made out against the petitioners and would pray for quashing the FIR.

3.The learned Additional Public Prosecutor on instructions would state that after investigation, charge sheet has been filed before the concerned Judicial Magistrate Court and the same has been taken on file in C.C.No.63/2020 on 06.11.2020 and the next hearing date is fixed on 07.12.2020.

4.Recording the above submission of the learned Additional Public Prosecutor that charge sheet has been filed and the same has been taken in C.C.No.63/2020, and the case is posted on 07.12.2020 for hearing, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(T & P) // True Copy // / /2020 Sub Assistant Registrar(CS) bala To 1)The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

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

ORDER MADE IN Crl.O.P.(MD)No.13986 of 2020 DATED : 04.12.2020 pk(CO) TR(16.12.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2