Madras High CourtCRL OP(MD)/20265/2021allowed

Prakash v. The Inspector Of Police

2022-02-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20265 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20265 of 2021 and Crl.M.P.(MD)No.11491 of 2021 Prakash ... Petitioner/Sole Accused Vs.

The State rep by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.427 of 2020) ... Respondent/Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.26 of 2021 pending on the file of the learned Judicial Magistrate, Paramakudi and quash the same as against the petitioner.

For Petitioner : Mr.P.Karthick For Respondent : Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side)

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 2.The petitioner is facing prosecution for the offences under Sections 504 and 505(1)(b) and 353 of IPC.

3.I carefully went through the contents of the final report and the statements recorded under Section 161 of CrPC. The allegations made against the petitioner are absolutely vague. The essential ingredients of the offences are not made out. Therefore, the impugned proceedings are quashed and the criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20265 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 Judicial Magistrate, Paramakudi.

2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

+1 CC to M/s.P.KARTHICK, Advocate ( SR-4132[F] dated 04/02/2022 ) Crl.O.P(MD)No.20265 of 2021 03.02.2022 MGJ(16.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2