Madras High CourtCRL OP(MD)/14457/2019dismissed as infructuous

Ramasamy v. The Inspector Of Police

2021-12-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.14457 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14457 of 2019 and Crl.M.P.(MD)No.8727 of 2019 1.Ramasamy 2.Murugan 3.Akash 4.Ramachendran 5.Santhose 6.Alagar 7.Ponpandiyan 8.Jeyaram 9.Ganesh Raja 10.Vinothan 11.Velsamy Nadar ... Petitioners/Accused 1 to 11 Vs.

1.The Inspector of Police, Pavoorchatram Police Station, Pavoorchatram, Tirunelveli District.

Cr.No.351 of 2019.

...Respondent/Complainant

2.V.Palavesam, The Sub Inspector of Police-956, Pavoorchatram Police Station, Tirunelveli District.

... Respondent 2/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records of the case in First Information Report bearing Crime No.351 of 2019 on the file of the Inspector of Police, Pavoorcharam Police Station, Pavoorchatram, Tirunelveli District and subsequently quash the same.

For Petitioner : Mr.S.Palani Velayutham For R1 : Mr.M.Muthumanikkam Government Advocate(Crl.side) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14457 of 2019

ORDER

This criminal original petition has been filed seeking quashment of the First Information Report in Crime No.351 of 2019, for the offences under Sections 143,291 of IPC and Section 3-A of Tamil Nadu Town Nuisance Act, 1889 on the file of the 1st respondent.

2.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner and the learned Government Advocate would submit that final report has been filed before the learned Judicial Magistrate, Tenkasi and taken cognizance in S.T.C.No.1485 of 2019. It appears that by quoting wrong provision of law, the final report has been filed. The petitioner is at liberty to challenge the same.

3.Accordingly, this criminal original petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) pnn 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, Pavoorchatram Police Station, Pavoorchatram, Tirunelveli District.

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

Crl.O.P.(MD)No.14457 of 2019 02.12.2021 RK(14/12/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2