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Madras High CourtCRL OP(MD)/19705/2023dismissed

Rajeswaran v. The Inspector Of Police

2023-11-07Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.15426 of 2023 Rajeswaran ... Petitioner Vs.

1.The State Rep.by its Inspector of Police, Uthappanaickanur Police Station, Madurai District.

(Crime No.127 of 2022) 2.Senthanman

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to FIR in Crime no.127 of 2023 dated 26.06.2023 on the file of the Inspector of Police, Uthappanaickanur Police Station, Madurai District. For Petitioner : Mr.AK.Azagar Sami For R1 : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side) 1/4

ORDER

This criminal original petition has been filed to quash the FIR in Crime no.127 of 2023 dated 26.06.2023 on the file of the Inspector of Police, Uthappanaickanur Police Station, Madurai District. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.127 of 2023 for the offences punishable under Sections 379 and 506(i) of IPC and 21(5) of MMDR Act, against the petitioner.

3.Even though the counsel for the petitioner submitted that the petitioner's name is not mentioned in the FIR, the learned Additional Public Prosecutor would submit that the petitioner was arrested by the respondent police and on the basis of the confession statement given by him, the property involved this issue was recovered. 4.In view of the above said submissions of the learned Additional Public Prosecutor, I find no reason to entertain this petition. The 2/4

petitioner has to face the trial before the concerned Court. This petition deserves to be dismissed.

5.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. 07.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

(Crime No.127 of 2022) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 07.11.2023 4/4