Madras High CourtCRL OP(MD)/17343/2021dismissed

Ramesh Alias Karuvayan v. The Inspector Of Police

2021-11-17Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.17343 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17343 of 2021

1. Ramesh @ Karuvayan

2. Seeni @ Ramkumar

3. Kasimayan @ Kasi

4. Sivakumar ... Petitioners /Accused Nos.1 to 4 Vs.

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

(Crime No.1220 of 2020) ... 1st Respondent / Complainant

2. Abimanyu ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the First Information Report in Crime No.1220 of 2020 on the file of Sellur police station and quash the same as against the petitioners. For Petitioners : Mr.C.Kumar For R-1 : Mr.M.Sakthi Kumar, Government Advocate(Crl.Side) For R-2 : Mr. A.Vimal Raj

O R D E R

The petitioners herein want this Court to quash the First Information Report in Crime No.1220 of 2020 registered on the file of the first respondent based on the compromise arrived at between the defacto complainant.

2. The defacto complainant Abimanyu is present in person before this Court. He has been duly identified by Mr.K.Murugan, attached to Sellur police station. The defacto complainant states that he does not want to pursue the complaint.

3. I enquired the petitioners as to whether they are having any previous case. Except the second petitioner, all the others made a false statement that they do not have any previous case. https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO.17343 OF 2021 The learned Government Advocate submitted that the first petitioner Ramesh @ Karuvayan is having one previous case in Crime No.457 of 2018 for the offence under Section 397 of I.P.C. and that the said case is still pending. The third petitioner Kasimayan @ Kasi is having one murder case pending against him. The fourth petitioner Sivakumar is also having four previous cases pending against him. Since the petitioners are having such bad antecedents, I am not inclined to invoke jurisdiction under Section 482 of Cr.P.C.

4. This criminal original petition is dismissed. Sd/- Assistant Registrar (AD-II) // 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 Inspector of Police, Sellur police station, Madurai District.

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

Crl.O.P.(MD)No.17343 of 2021 17.11.2021 RK(26/11/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4