Madras High CourtCRL OP(MD)/17781/2021allowed

Muralimanoharan v. The Inspector Of Police

2021-12-01Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl O.P.(MD)No.17781 of 2021 1.Muralimanoharan 2.T.Karnan ... Petitioners/Accused NO. 1 and 2 vs.

The State, rep.by the Inspector of Police, Sankaralingapuram Police Station, Tuticorin District.

... Respondent/Complainant (Crime No.151 of 2021) Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in Crime No.151 of 2021 on the file of the respondent herein and quash the same as illegal. For Petitioners : Mr.Kumaravel.K For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor

ORDER

This criminal original petition has been filed for quashing the impugned FIR in Crime No.151 of 2021 on the file of the respondent police. The case of the petitioners is that the property in question was transported under valid permission. The respondent was called upon to verify the genuineness of the documents. 2.Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor confirmed that the documents that were carried by the petitioners are very much genuine. Therefore, I am of the view that the registration of the impugned FIR is not warranted. The petitioners through their counsel give an undertaking that they would treat the matter as closed and not initiate any proceedings against the respondents. The criminal original petition is allowed.

3.At this stage, the learned counsel for the petitioner states that he moved the concerned court for return of the vehicle and that the court concerned directed return of the vehicle on payment of Rs.75,000/-. Since the FIR itself stands quashed, I permit the https://hcservices.ecourts.gov.in/hcservices/ 1/2

owner of the vehicle to file a fresh petition for return of vehicle and the said petition will be allowed without any condition by the court below.

SD ASSISTANT REGISTRAR ( AD I ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS IV ) skm 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, Sankaralingapuram Police Station, Tuticorin District.

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

1CC TO MR. K.KUMARAVEL, ADVOCATE SR36920 RS 6/12/2021 2P/4C Crl O.P.(MD)No.17781 of 2021 01.12.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/2