Madras High CourtCRL OP(MD)/19706/2021dismissed

Periyasamy v. The Inspector Of Police

2021-12-14Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19706 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19706 of 2021 and Crl.M.P.(MD)No.11509 of 2021 1.Periyasamy 2.Bhuvaneshwari 3.Marudhamuthu 4.Jagajothi 5.Senthilkumar @ Senthil 6.Sangapillai 7.Sugumaran @ Sugumar 8.Shinagaraponnu @ Singari 9.Mallika ... Petitioners/Accused 1 to 9 Vs.

1.The State through The Inspector of Police, Thuraiyur Police Station, Trichy District.

... Respondent No.1/ De-jure Complainant 2.Karthick ... Respondent No.2/ De-facto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records connected with the proceedings in FIR in Crime No.1339 of 2020 dated 21.10.2020 on the file of the respondent No.1 and quash the same as illegal. For Petitioners : Mr.S.Ramkesh Kumar For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.1339 of 2020 registered on the file of the first respondent.

2.The learned counsel for the petitioners reiterated all the contentions set out in the memorandum of grounds. I am not however persuaded by the same. As rightly pointed out by the learned Government Advocate (Crl. Side), consideration of those contentions https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19706 of 2021 would necessarily involve undertaking a factual analysis. Under Section 482 of CrPC, I cannot do so.

3.Leaving open the petitioners' contentions and defences, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // 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 Inspector of Police, Thuraiyur Police Station, Trichy District.

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

Crl.O.P(MD)No.19706 of 2021 14.12.2021 MKS(CO) GC(27.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2