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Madras High CourtCRL OP(MD)/18547/2019dismissed

Balasubramanian @ Murugan v. The Inspector Of Police

2021-12-03Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.18547 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 03.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN CRL OP(MD). No.18547 of 2019 and Crl.M.P(MD)No.10899 of 2019 1.Balasubramanian @ Murugan 2.S.Rajagopal 3.Murugan ... Petitioners/Accused 1 to 3 Vs 1.The Inspector of Police, Moolakkaraipatty Police Station Tirunelveli District (FIR No.22 of 2019) ... 1st Resopondent/Complainant 2.R.S.Sudalaikannu ... 2nd Respondent/informant PRAYER:This Criminal Original Petition is filed under Section 482 Cr.P.C., praying to call for the records relating to the FIR dated 17.10.2019 in Crime No.221 of 2019 on the file of the 1st respondent Moolakkaraipatty Police Station and quash the same. For Petitioner : Mr.R.Murugappan For R1 : Mr.M.Muthumanikkam (Government Advocate Crl.side)

ORDER

This Criminal Original Petition is filed to quash the FIR dated 17.10.2019 in Crime No.221 of 2019 on the file of the 1st respondent Moolakkaraipatty Police Station.

2.Heard Mr.R.Murugappan, learned counsel appearing for the petitioner and Mr.M.Muthumanikkam, learned Government Advocate (crl.side) appearing for the first respondent. 3.The learned counsel appearing for the petitioner submitted that on information given by the petitioners a case has been registered against the second respondent in Crime No.220 of 2019 for the offence of attempting to give bribe amount to the voters and as a counter blast a case has been registered against the petitioner in Crime No.221 of 2019 as if the petitioner man handled the persons, who were giving bribe to the voters.

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CRL OP(MD). No.18547 of 2019 4.When the matter is taken up for hearing today, the learned Govt. Advocate (Crl.side) appearing for the State, on instructions, submitted that there is a specific allegation made by a group of people, amongst which the petitioner is also arrayed as an accused in Crime No.221 of 2019 for the offence under Sections 147, 148 and 323 IPC.

5.According to the learned Government Advocate(Crl.side), investigation has already been over and the final report will be filed before the Jurisdictional Magistrate within a short span of time.

6.Considering the facts and circumstances of the case, this Court finds no merit in this petition and hence, this petition deserves to be dismissed. Accordingly, this petition is dismissed. If the petitioner is aggrieved by the contents of the final report, he can work out his remedy by initiating the appropriate proceedings. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns To:

1.The Inspector of Police, Moolakkaraipatty Police Station Tirunelveli District 2.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD). No.18547 of 2019 and Crl.M.P(MD)No.10899 of 2019 Date : 03.12.2021 USK (29.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2