Madras High CourtCRL OP(MD)/22023/2018allowed

K. Ravi Kumar v. The Inspector Of Police

2022-03-16Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.22023 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2022 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.22023 of 2018 and Crl.MP(MD)No.10241 of 2018 K.Ravi Kumar ... Petitioner/Accused Vs.

1.The State Rep by The Inspector of Police, Tirumangalam Town Police Station, Madurai District.

... Respondent/Complainant 2.Beetraman ... Petitioner/Defacto Complainant Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records in Crime No.637 of 2018 pending on the file of Thirumangalam Town Station and quash the same as illegal insofar as the petitioner is concerned. For Petitioner : Mr.N.Ananthapadmanaban For R1 : Mr.B.Nambi Selvan Additional Public Prosecutor For R2 : No Appearance

O R D E R

This petition is filed seeking quashment of Crime No.637 of 2018 pending on the file of the Inspector of Police, Thirumangalam Town Station, Madurai District.

2.This petition is filed on the ground that the defacto complainant has given a statement in the form of affidavit. Wherein it has been stated that he has not given any complaint against the petitioner and no date is available in the affidavit. 3.On earlier occasion, the first respondent was directed to produce the second respondent before this Court. In pursuance of the above said direction, the second respondent is present before this Court in person and stating that he has not given any complaint https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.22023 of 2018 against the petitioner. Only in the empty paper, his signature was obtained by the first respondent in the Police Station. He is not having any money transaction with the accused and he was not assaulted by him and he does not even know the accused. 4.The above said submission made by the second respondent is placed on record. His identity was verified. For that purpose, his original Aadhar Card was produced before this Court and a copy of the same was also put up in the bundle.

5.On enquiry with the respondent police, who is present in person, it came to know that Act 14 was imposed upon the accused person.

6.Considering the facts and circumstances of the case, continuation of the proceedings against the petitioner may not be proper and legal also. Hence, the entire proceedings against the petitioner is liable to be quashed.

7.Accordingly, FIR in Crime No.637 of 2018 pending on the file of the Inspector of Police, Thirumangalam Town Station, Madurai District, is quashed and the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) dss To 1.The Inspector of Police, Tirumangalam Town Police Station, Madurai District.

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

+1 CC to M/s.APN LAW ASSOCIATES, Advocate ( SR-12925[F] dated 18/03/2022 ) Crl.O.P.(MD)No.22023 of 2018 and Crl.MP(MD)No.10241 of 2018 16.03.2022 MGJ(31.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2