Madras High CourtCRL OP(MD)/15671/2024disposed of

Manoj v. The State Of Tamil Nadu

2024-09-19Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Manoj 2.Sakthgimugesh 3.Valli 4.Muneeshwai : Petitioners/A1 to A4 Vs.

1.State of Tamil nadu rep.by The Inspector of Police, Mandapam Police Station, Ramanathapuram District.

2.Ilango : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to Crime No.10 of 2024 pending before the Inspector of Police, Mandapam Police Station, Ramanathapuram District and quash the proceedings against the petitioners as illegal. For Petitioners : Mr.B.Mahendrarajan For 1st Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to call for the records pertaining to Crime No.10 of 2024 pending before the Inspector of Police, Mandapam Police Station, Ramanathapuram District and quash the proceedings against the petitioners as illegal.

2. It is seen from the records that on the basis of the complaint given by the second respondent, FIR came to be registered in Crime No. 10 of 2024 for the alleged offence under Sections 294(b), 323, 324 and 506(ii) IPC and on the basis of the complaint given by the third petitioner, FIR came to be registered in Crime No.11 of 2024 for the offence under Sections 294(b), 324 and 506(ii) of IPC against the second respondent and two others.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioners would submit that though the petition is filed for quash of FIR, the first respondent may be directed to follow the directions of the Hon'ble full Bench in Crl.O.P.Nos.4587 of 2/4

2023 (Batch), while conducting investigation with regard to the case and case in counter.

4. The learned Government Advocate (Criminal Side) appearing for the State would submit that both the cases are case and case in counter and investigation is pending.

5. Since it is a case and case in counter, the first respondent is directed to follow the direction issued by the Hon'ble Full Bench of this Court in Crl.O.P.Nos.4587 of 2023 (Batch) dated 08.08.2024.

6. With the above direction, this Criminal Original Petition stands disposed of.

19.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The Inspector of Police, Mandapam Police Station, Ramanathapuram District.

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

Order made in Dated: 19.09.2024 4/4