Madras High CourtCRL OP(MD)/14821/2023dismissed

Muthaiyan v. The Inspector Of Police

2023-08-14Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2023

CORAM:

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.14821 of 2023 and Crl.M.P(MD).No.11718 of 2023 Muthaiyan ... Petitioner Vs.

1.State Rep.by The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

Crime No.101 of 2022.

2.Jothi ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in FIR connection with Crime No.101 of 2022 on the file of the first respondent Police and quash the same against the petitioner.

For Petitioner : Mr.K.M.Karunakaran For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O RDER This Criminal Original Petition has been filed seeking for quashment of FIR in Crime No.101 of 2022 registered against the petitioner by the first respondent Police.

2. The case of the prosecution is that on 14.02.2022, the petitioner and others were fencing in the property of the second respondent. When the second respondent questioned the same, the petitioner and others abused the defacto complainant and assaulted her with wooden log, due to which, the defacto complainant sustained injury. Hence, the complaint.

3. The learned Additional Public Prosecutor appearing for the official respondent submits that this is a case in counter and the investigation in this case is completed and the respondent Police are going to file a final report.

4. In these circumstances, this Court is not inclined to quash the FIR in Crime No.101 of 2022 on the file of the first respondent Police. However, the petitioner is granted liberty to challenge the final report, if he is so advised.

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5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Index : Yes/No 14.08.2023 Internet : Yes/No ssb To

1. The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

K.K.RAMAKRISHNAN,J ssb 14.08.2023 4/4