Madras High CourtCRL OP(MD)/14379/2021allowed

B.Rajinikanth @ Tailor Rajini v. The Inspector Of Police

2021-11-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.14379 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.14379 of 2021 and Crl.M.P.(MD)No.7550 of 2021 1.B.Rajinikanth @ Tailor Rajini 2.B.Paul Pandi @ Pandi ... Petitioners Vs.

1.State Rep. By its The Inspector of Police, Peraiyur Police Station, Peraiyur Taluk, Madurai District.

(In Crime No.251 of 2021) 2.K.Sundarajan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the impugned FIR in Crime No.251 of 2021 dated 26.07.2021, on the file of the 1st respondent police and to quash the same as illegal. For Petitioners : Mr.K.Abiya For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1.

: Mr.B.Senthil Kumar for R2

O R D E R

This criminal original petition has been filed for quashing the FIR in Crime No.251 of 2021 on the file of the Inspector of Police, Peraiyur Police Station, Peraiyur Taluk, Madurai District. 2.The defacto complainant/Sundarajan is present before this Court. The learned counsel for the petitioners reiterated all the contentions set out in the memorandum of grounds. When I asked for the response of the defacto complainant, he fairly submitted that there was a quarrel between him and the first petitioner/Rajinikanth. Out of anger and in the heat of the moment, he had also implicated the second petitioner herein. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.14379 of 2021 defacto complainant states that he has forgiven the first petitioner also and that he is not interested in pursuing the matter. I am satisfied that the second petitioner has been falsely implicated and roped in.

3.Taking note of the stand now taken by the defacto complainant, the impugned FIR is quashed and the criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 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, Peraiyur Police Station, Peraiyur Taluk, Madurai District.

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

+1 CC to M/s.K. ABIYA, Advocate ( SR-33726[F] dated 08/11/2021 ) Crl.O.P(MD)No.14379 of 2021 08.11.2021 RK/PM(23/11/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2