Madras High CourtCRL OP(MD)/17758/2021disposed of

P. Manikandan v. The Inspector Of Police

2021-11-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.17758 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17758 of 2021 and Crl.M.P.(MD)No.9689 of 2021 1.P.Manikandan 2.M.Vadivel 3.P.Ramesh Kumar 4.Radhakarishnan ... Petitioner Vs.

1.The State rep. by The Inspector of Police, Eriodu Police Station, Dindigul District.

(Crime No.556 of 2021) 2.Ganesan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the proceedings in the FIR in Crime No.556 of 2021 on the file of the Inspector of Police, Eriodu Police Station, Dindigul District dated 21.08.2021 and quash the same as against the petitioners. For Petitioners : Mr.R.Senthilkumar For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.556 of 2021 registered on the file of Eriodu Police Station, Dindigul District.

2.The learned counsel for the petitioners states that the third petitioner/Ramesh Kumar was injured in a occurrence that took place on 20.08.2021. He therefore lodged a complaint and the same was registered as Crime No.555 of 2021 by the first respondent. The case of the petitioners is that the present complaint is a counter complaint. Though the petitioners' counsel states that the impugned FIR has to be quashed for the grounds set out in this petition, I am https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17758 of 2021 afraid that the exercise would necessarily involve a factual investigation. Therefore, I refrain from doing so. Since case and counter case have been registered, the first respondent is directed to follow the procedure set out in Police Standing Orders 566. 3.The criminal original petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CRL) // 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, Eriodu Police Station, Dindigul District.

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

Crl.O.P(MD)No.17758 of 2021 16.11.2021 MGJ(01.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2