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Madras High CourtCRL OP(MD)/18835/2013allowed

Shanmuga Kani v. The Inspector Of Police

2018-06-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18835 of 2013 and M.P(MD).No.1 of 2013 Shanmuga Kani ... Petitioner/3rd accused Vs.

1. The State represented by, The Inspector of Police, Central Crime Branch, Madurai City.

(Crime No.17 of 2013) ... Respondent/Complainant

2. Thanga Raj ... Respondent/defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to the case in Crime No.17 of 2013 on the file of the Inspector of Police, Central Crime Branch, Madurai City and quash the same.

For Petitioner : Mr.R.Anand For Respondent-1 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioner has come forward with this petition seeking to quash the case in Crime No.17 of 2013 on the file of the Inspector of Police, Central Crime Branch, Madurai City. 2.Heard both sides.

3.The petitioner is figuring as the third accused in Crime No.17 of 2013 registered on the file of the Inspector of Police, Central Crime Branch, Madurai city. One Thangaraj is the defacto complainant in this case. Through an agent, he had sold certain materials (Dal) to the first and second accused. The petitioner is only a purchaser of goods from the said accused. The allegations in the FIR indicate that no case is made out against the petitioner. It is for the defacto complainant to pursue his case against the https://hcservices.ecourts.gov.in/hcservices/

principal accused namely A1 and A2.

4.In view of the above, the First Information Report in Crime No.17 of 2013 stands quashed in respect of the petitioner/3rd accused and accordingly the criminal original petition is allowed. Consequently, connected miscellaneous petition is closed. ` Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Central Crime Branch, Madurai City.

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

+ 1 CC TO Mr.R.ANAND, ADVOCATE IN SR No. 68280 TM TE/JC/SAR-3 : 27/06/2018 : 2P/4C Crl.O.P.(MD)No.18835 of 2013 and M.P(MD).No.1 of 2013 12.06.2018 https://hcservices.ecourts.gov.in/hcservices/