S.Nandakumar v. The Sub Inspector Of Police

Crl OP(MD)No.18382 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.18382 of 2021 and Crl MP(MD)No.10097 of 2021 S.Nandakumar ... Petitioner/Accused No.1 vs.

1.The State of Tamil Nadu, rep.by the Sub Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District.

...1st Respondent/complainant (Crime No.409 of 2020) 2.Kumaravel District Adi Dravidar and Tribal Welfare Officer, Kanyakumari, Revenue Divisional Office, Nagercoil.

...2nd respondent/ defacto complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.Pc, to call for the records of the FIR in Crime No.409 of 2020 dated 28.06.2020 on the file of the first respondent and quash the same. For Petitioner : Mr.V.Vijay Shankar For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor for R1

ORDER

This criminal original petition has been filed to quash the FIR in Crime No.409 of 2020 registered on the file of the Nesamony Nagar Police Station for the offences under Sections 465 & 466 of IPC. The case of the prosecution is that the community certificate issued in favour of the petitioner and his brother certifying that they belonged to Konda Reddy community (A notified Scheduled Tribe Community) was cancelled since they obtained the said certificate by misrepresentation. Based on the complaint of the defacto complainant, Crime No.409 of 2020 came to be registered. 2.There is no dispute that when the certificate was issued, the petitioner was a minor. It is also seen that the petitioner did not avail any benefit due for scheduled tribes. The petitioner did https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl OP(MD)No.18382 of 2021 not get admitted in any educational institution or employment under the reserved category. Implicating the petitioner in the case does not appear to be correct. Hence, the impugned FIR stands quashed as far as the petitioner is concerned. Investigation of course may go on.

3.This criminal original petition stands allowed. Consequently, connected miscellaneous petition stands closed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) 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 Sub Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District.

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

+1 CC to M/s.V.KARTHIKEYAN, Advocate ( SR-39564[F] dated 20/12/2021 ) Crl OP(MD)No.18382 of 2021 17.12.2021 RK(19/01/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2