Madras High CourtCRL OP(MD)/9828/2016dismissed

Justin Babu v. The Inspector Of Police

2020-01-28Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.9828 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.9828 of 2016 and Crl.M.P.(MD)No.4947 of 2016 Justin Babu ... Petitioner/Accused -vs1.The state represented by The Inspector of Police, Koodankulam Police Station, Tirunelveli District (In Crime No.268 of 2014) ... Petitioner / Complainant 2.Sivamiras ... Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to call for the records in connection with Crime No.268 of 2014 on the file of the Inspector of Police, Koodankulam Police Station, Tirunelveli District and quash the same.

For Petitioner :

Mr.B.Jeyakumar For Respondents :

Mr.A.Robinson Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the first accused in crime No.268 of 2014 registered on the file of the Koodankulam Police Station for the offences under Sections 147, 148, 447, 448, 294(b), 435, 506(ii) of IPC and Section 3 of TNPPDL Act for quashing the First Information Report.

2.This Criminal Original Petition has been filed on the premises that the issue has been amicably settled with the defacto complaint. However, the defacto complaint has not chosen to enter appearance before this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.9828 of 2016 3.I called upon the learned Government Advocate to verify if really a compromise has been arrived at. The Inspector of Police, Koodankulam Police Station, Tirunelveli District, now states before this Court that the defacto complainant has given a statement as late as on 26.01.2020 stating that he has not compromised the issue with the petitioner herein and he wants the prosecution to continue.

4. Therefore, this Criminal Original Petition is dismissed. It is made clear that I have not pronounced anything on the merits of the matter. The contentions and defences of the petitioner are left open. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Inspector of Police, Koodankulam Police Station, Tirunelveli District 2.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.9828 of 2016 and Crl.M.P.(MD)No.4947 of 2016 28.01.2020 pnn SDS (11.02.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2