Madras High CourtCRL OP(MD)/17585/2023dismissed as infructuous

Rajapandi @ Rajapandian v. The Inspector Of Police

2023-10-19Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.17585 of 2023 and Crl.M.P.(MD).No.13947 of 2023 1.Rajapandi @ Rajapandian 2.Sriram

...Petitioners / Accused No.1 & 2

Vs.

1.The Inspector of Police, Musiri Police Station, Trichy District, (In Crime No.371/2023).

...1st Respondent / Complainant 2.Thangavalli.

...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for records relating to the FIR in Crime No.371/2023 dated 17.09.2023 on the file of the 2nd Respondent Quash the same as against the petitioners / Accused No.1 & 2 are concerned.

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For Petitioner :Mr.M.Subash babu for M/S.Subash Law Office For Respondent :Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) :Mr.B.Vinoth Kumar for R2 O RDER This petition is filed seeking a direction to quash the FIR in Crime No.371/2023 dated 17.09.2023 on the file of the 2nd Respondent as against the petitioners / Accused No.1 & 2 are concerned. 2.The petitioners are the accused person in Crime No.371 of 2023 pending on the file of the first respondent, which was registered for the offences punishable under Sections 294(b), 323, 363, 342 and 506(i) of IPC r/w 3 (1) (r), 3 (1)(S) and 3(2) (Va) of SC/ST (POA) Amendment Act, 1989 and 3 r/w 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act. 3.Seeking quashment of the same, on various grounds, this petition has been filed.

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4.The learned Government Advocate (Crl. Side) fairly submitted that he will advise the concerned Investigating Officer to drop the proceedings in the second complaint in Crime No.371 of 2023 and proceed against the accused in the first complaint. Now it has been stated that the first respondent is going to drop the further proceedings, insofar as this crime is concerned. But, he is going to alter the FIR in Crime No.363 of 2023 appropriately. 5.In view of the above submission of the learned Government Advocate (Crl. Side), nothing survives for further consideration in this petition. 6.Accordingly, this criminal original petition stands dismissed as infructuous. Consequently, connected miscellaneous petition is closed. Speaking : Yes / No 19.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No VSG 3/5

To 1.The Inspector of Police, Musiri Police Station, Trichy District, (In Crime No.371/2023).

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

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G.ILANGOVAN. J.

VSG Crl.O.P.(MD)No.17585 of 2023 19.10.2023 5/5