Madras High CourtCRL OP(MD)/19279/2021dismissed

J. Ramachandran v. The Sub Inspector Of Police

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19279 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19279 of 2021 and Crl.M.P.(MD)No.10761 of 2021 1.J.Ramachandran 2.J.Rengaraji 3.J.Vengatesan ... Petitioners / Accused 1 to 3 Vs.

1.State represented by The Sub Inspector of Police, Uppiliyapuram Police Station, Trichy District.

(Crime No68 of 2009) ... 1st Respondent / Complainant 2.T.Mani ... 2nd Respondent / Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the impugned First Information Report in Crime No.68 of 2009 on the file of the 1st respondent police and quash the same as illegal and devoid of merits. For Petitioners : Mr.T.A.Punithan For Respondents : Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor for R1.

O R D E R

This criminal original petition has been filed to quash the FIR in Crime No.68 of 2009 registered on the file of Uppiliyapuram Police Station.

2.When the matter was taken up for hearing, the learned Additional Public Prosecutor pointed out that the petitioners have filed Crl.O.P.(MD)No.8241 of 2019 for the very same relief. A copy of the said petition has also been made available before me and on comparing the prayers, I am satisfied that the petitioners have filed a second criminal original petition on the same cause of action. Therefore, this criminal original petition stands dismissed. The petitioners have to necessarily pursue the earlier criminal original petition. I make it clear that the dismissal of this criminal original petition will not be put against the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19279 of 2021 petitioners, when Crl.O.P.(MD)No.8241 of 2019 is taken up for consideration. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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 Sub Inspector of Police, Uppiliyapuram Police Station, Trichy District.

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

Crl.O.P(MD)No.19279 of 2021 07.12.2021 RJ(CO) SB(22.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2