Madras High CourtCRL OP(MD)/17250/2021allowed

B.Stalin v. The Inspector Of Police

2021-11-12Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.17250 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17250 of 2021 B.Stalin ... Petitioner / Sole Accused Vs.

1. State rep. By its, The Inspector of Police, Melur police station, Melur, Madurai District.

(Crime No.241 of 2021) ... 1st Respondent / Complainant

2. The Deputy Superintendent of Police, Melur, Madurai District.

... 2nd Respondent

3. Murugaperumal ... 3rd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in Spl.S.C.No.141 of 2021 pending on the file of the learned III Additional District Judge(PCR), Madurai and quash the same.

For Petitioner : Mr.P.Ganapathi Subramanian For R-1 & R-2 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-3 : Mr.K.Chellapandian

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the case in Spl.S.C.No.141 of 2021 on the file of the III Additional District Court(PCR), Madurai.

3. Thiru.Murugaperumal, defacto complainant is present in person before this court. He has been duly identified by Mr.A.Jeyakumar, SSI, attached to Melur police station. The defacto complainant Murugaperumal has no objection for quashing the impugned prosecution. Since the defacto complainant does not want to pursue the matter, no purpose will be served in keeping the impugned proceedings alive.

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2 CRL.O.P.(MD)NO.17250 OF 2021

4. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 III Additional District Judge(PCR), Madurai.

2. The Inspector of Police, Melur police station, Melur, Madurai District.

3. The Deputy Superintendent of Police, Melur, Madurai District.

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

Crl.O.P.(MD)No.17250 of 2021 11.11.2021 RD/NS (25.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2