Madras High CourtCRL OP(MD)/18660/2021allowed

Nagaraj v. The Deputy Superintendent Of Police

2021-11-29Honourable Mr Justice G.R.Swaminathan2 pages

Crl O.P.(MD)No.18660 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl O.P.(MD)No.18660 of 2021 and Crl.M.P.(MD)No.10326 of 2021 1.Nagaraj 2.Siva 3.Annaperumayee ... Petitioners/Accused Nos.1 to 3 Vs.

1.The Deputy Superintendent of Police, District Crime Branch, Dindigul District.

... 1st Respondent 2.The state represented by The Inspector of Police, Nilakkottai Police Station, Nilakkottai, Dindigul District.

Crime No.56 of 2014 ... 2nd Respondent/Complainant 3.P.Ganesan ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to call for the records relating to charge sheet filed before the Special District and Sjessions Court for SC/ST P (A) Act cases, Dindigul in Spl.S.C.No.17 of 2019 and quash the same. For Petitioners : Mr.R.Mohanasundaram For Respondents : Mr.A.Albert James Government Advocate (Crl Side) for R1,R2 Mr.S.Sukumar for R3

ORDER

This Criminal Original Petition has been filed for quashing the impugned proceedings in S.C.No.17 of 2019 on the file of Special District and Sessions Court for SC/ST P (A) Act cases, Dindigul. 2.The defacto complainant Thiru.P.Ganesan is present in person before this Court. He has been dully identified by Thiru.M.Karuppiah, Special Sub Inspector of Police, attached to Nilakkottai Police Station. The defacto complainant has received a sum of Rs.22,500/-(Rupees Twenty Two Thousand Five Hundred only) as compensation from the concerned Department. He gives an undertaking that he will return the said amount. The concerned Department is directed to accept the same. The parties have filed Memo of Compromise. The defacto complainant does not wish to pursue the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl O.P.(MD)No.18660 of 2021 matter. The third respondent seeks three weeks time to return the amount to the concerned Department from the date of receipt of copy of this order. The third respondent is directed to file Memo of Compliance before this Court. In view of the same, the impugned proceedings are quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P & A) (*)Corrected as per the order of this Court dated 26.04.2022 made in Case no CRL OP(MD).18660 of 2021 Sd/- Assistant Registrar (P & A) // True Copy // / /2022 Sub Assistant Registrar(CS) mga/csm 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 (*)to be substituted to the order already despatched on 13.12.2021 1.The Special District and Sessions Court for SC/ST P(A) Act cases, Dindigul.

2.The Deputy Superintendent of Police, District Crime Branch, Dindigul District.

3.The Inspector of Police, Nilakkottai Police Station, Nilakkottai, Dindigul District.

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

+2 CC to M/s.S.SUKUMAR, Advocate ( SR-36559[F] dated 30/11/2021 ) Crl O.P.(MD)No.18660 of 2021 and Crl.M.P.(MD)No.10326 of 2021 29.11.2021 RS (10.12.2021) 2P 7C TR (04.05.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2