Madras High CourtCRL OP(MD)/776/2018dismissed as infructuous

Balakrishnan, v. The Inspector Of Police,

2019-09-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.776 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.776 of 2018 and CRL.M.P(MD).No.331 of 2018 1.Balakrishnan,

2. Latha ... Petitioners/Accused 5 & 6 Vs.

1.The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

(Crime No.269 of 2017) ... Respondent/Complainant

2. Maduraiveeran ... 2nd Respondent/Defacto Complainant

3. Muniasamy ... 3rd Respondent/Injured PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records pertaining to the FIR in Crime No.269 of 2017 on the file of the 1st respondent police and quash the same in so far as the petitioners concerned.

For Petitioner : Mr.T.Lenin Kumar For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 & R3 : Mr.T.Thirumugan

O R D E R

This petition has been filed to quash the F.I.R. Crime No.269 of 2017 on the file of the first respondent police, as against the petitioners.

2.The learned Counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No.269 of 2017 for the offence under Sections 147, 148, 294(b), 323, 324, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.776 of 2019 355, 506(ii) of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002 and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989, as against the petitioners. Hence he prayed to quash the same.

3.The learned Government Advocate(Crl.Side) would submit that the investigation has been completed and final report has been filed before the Principal District Judge, Ramanathapuram and the same was taken on file as S.C.No.43 of 2019, on the file of the learned Principal District Judge, Ramanathapuram and is pending for trial and hence, the prayer sought for by the petitioners become infructuous.

4.Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel for the second and third respondents.

5.Recording the submission, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar To 1.The Principal District Judge, Ramanathapuram.

2.The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

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

Crl.O.P.(MD)No.776 of 2018 04.09.2019 ls JM/30.09.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2