Madras High CourtCRL OP(MD)/19626/2021allowed

A.Praveen Raj v. The Inspector Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19626 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19626 of 2021 and Crl.M.P(MD)No.10989 of 2021 A.Praveen Raj ... Petitioner/Accused(Rank not known) Vs.

1.The State represented by The Inspector of Police, Rajakamangalam Police Station, Kanyakumari District.

(In Crime No.10 of 2021) ... 1st Respondent/Complainant 2.Rajendran ... 2nd Respondent/De-facto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to Crime No.10 of 2021, dated, 14.01.2021 on the file of the first respondent and quash the same.

For Petitioner : Mr.C.T.Perumal For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R.1

ORDER

Heard the learned counsel appearing for the petitioner, learned Government Advocate (Criminal Side) appearing for the first respondent and the learned counsel appearing for the defacto complainant.

2.Crime No.10 of 2021 was registered for the offences under Sections 147, 148, 448, 294(b), 307, 427 and 506(2) IPC. The victim is the defacto complainant. He categorically states that the petitioner is not involved. The petitioner was not named in the FIR. Since the defacto complainant also conceded that the petitioner was not involved in the offence, the first respondent shall not include the name of the petitioner either in the alteration report or in the final report. The Criminal Original Petition is allowed on these terms. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (A/CS) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19626 of 2021 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, Rajakamangalam Police Station, Kanyakumari District.

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

+1 CC to M/s.C.T.PERUMAL, Advocate ( SR-4607[F] dated 07/02/2022 ) Crl.O.P(MD)No.19626 of 2021 and Crl.M.P(MD)No.10989 of 2021 04.02.2022 RS(01.03.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2