Madras High CourtCRL OP(MD)/15356/2022dismissed

Mutharasan v. The Inspector Of Police

2024-03-13Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.15356 of 2022 and Crl.M.P.(MD).No.10082 of 2022 1.Mutharasan 2.Tamilselvi 3.Parameswari ... Petitioners Vs.

1.State represented by The Inspector of Police, Alangudi Police Station, Pudukottai District.

(Crime No.78 of 2022) 2.Pradeepa

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the FIR in Crime No.78 of 2022 on the file of the first respondent Police and quash the same as illegal.

For petitioners : Mr.T.Lenin Kumar For R-1 : Mr.B.Nambiselvan, Additional Public Prosecutor For R-2 : No Appearance 1/4

O RDER This petition has been filed seeking to quash the proceedings in Crime No.78 of 2022 for the offence punishable under Sections 294(b) and 506(ii) IPC on the file of the first respondent Police, insofar as the petitioners are concerned.

2. The learned counsel appearing for the petitioners would submit that the petitioners are occupying the ground floor in the flat, whereas, the second respondent is occupying the first floor. Earlier, a complaint was filed by the petitioners herein against the second respondent and in order to counter blast, the second respondent has filed the present complaint against the petitioners. However, the present complaint was filed after 60 days of the said occurrence, which is not sustainable one. He would further submit that the present complaint does not contain any allegation to attract Sections 294(b) and 506(ii) IPC. Accordingly, he prays for allowing this petition.

3. At this juncture, the learned Additional Public Prosecutor appearing for the respondent Police would submit that during the pendency of this petition, investigation has been conducted by the 2/4

respondent Police and on completion of investigation, a charge sheet in C.C.No.78 of 2022 has been filed before the concerned Court. He would further submit that nothing survives for further adjudication in this petition.

4. In view of the above, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

13.03.2024 Index : Yes/No Internet : Yes/No TSG To 1.The Inspector of Police, Alangudi Police Station, Pudukottai District.

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

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M.DHANDAPANI. J.

TSG 13.03.2024 4/4