Madras High CourtCRL OP(MD)/17647/2013allowed

Balamurugan v. The Inspector Of Police

2018-04-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17647 of 2013 and M.P.(MD)No.1 of 2013 Balamurugan ... Petitioner Vs.

1.State Rep. by The Inspector of Police, Manamadurai Police Station, Sivagangai District.

(Crime No.509/2013) 2.Ravichandran ... Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to Crime No.509 of 2013 pending on the file of the first respondent police and quash the same.

For Petitioner : Mr.S.Ravi For R1 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioner had participated in the death Anniversary of Immanuvelsekaran on 11.09.2013 at Paramakudi. The police had passed a specific order stating that Taxis ought not to be used. However, the petitioner had used a Taxi, but projected it as if an own board vehicle. Hence, Crime No.509 of 2013 was registered by the first respondent police against the petitioner for the offences punishable under Sections 143, 188, 417, 482 and 488 IPC and Sections 41(b) r/w.177 of the Motor Vehicles Act. 2.Today, the petitioner has filed an affidavit before this Court tendering his unconditional apology for the mistake committed by him and also undertaking that such conduct will not be repeated in future.

3.The occurrence took place on 11.09.2013 and more than 5 years have gone by. The police have also not filed final report. Therefore, no useful purpose will be served in keeping the FIR alive.

4.Recording the affidavit filed by the petitioner, dated 20.04.2018, the impugned FIR in Crime No.509 of 2013 on the file of the first respondent police shall stand quashed. This Criminal https://hcservices.ecourts.gov.in/hcservices/

Original Petition is allowed accordingly. Consequently, connected Miscellaneous Petition is closed.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

Crl.O.P.(MD)No.17647 of 2013 20.04.2018 smn2 KK/KKR/11.05.2018/SAR-2/2P-3C https://hcservices.ecourts.gov.in/hcservices/