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Madras High CourtCRL OP(MD)/18328/2022allowed

Sathish Kumar v. The Inspector Of Police

2022-11-02Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.18328 of 2022 and Crl.M.P(MD) No.12253 of 2022 Sathish Kumar

...Petitioner

-vs1. The Sub Inspector of Police Airport Police Station Trichy City, Trichy District.

2.Periaiah Inspector of Police Air Port Police Station, Trichy City, Trichy District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to Crime No.7 of 2018 on the file of the first Respondent police and quash the same in so as it relates to the Petitioner.

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For Petitioner : Mr.K.Yasar Arafath For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.7 of 2018 on the file of the first Respondent police

2. The learned Additional Public Prosecutor would submit that the First Information Report was registered in Crime No.7 of 2018 for the offences under Sections 143,290 of IPC and Section 41(A) of Tamil Nadu City Police Act for the alleged offence that took place in the year 2018. Final report laid on 20.10.2022 before the learned Judicial Magistrate No.VI, Trichy. He would also submit that invoking the provision under Section 468(2) of Cr.P.C, the learned Magistrate had refused to take cognizance of the offence in the final report. 2/4

3. In view of the same, this Criminal Original Petition stands allowed and the First Information Report in Crime No.7 of 2018 on the file of the first Respondent police is hereby quashed.. Consequently connected miscellaneous petition is closed.

02.11.2022 Internet:Yes./No Index:Yes/no aav To

1. The Sub Inspector of Police Airport Police Station Trichy City, Trichy District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.18328 of 2022 02.11.2022 4/4