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Madras High CourtCRL OP(MD)/21325/2023allowed

Shanmuga Sundaram v. The Inspector Of Police

2023-11-28Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.16685 of 2023 Shanmuga Sundaram ... Petitioner /Accused No.6 Vs.

1.State rep by The Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Tirunelveli.

(Crime No.742/2020) 2.Sankaran ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the impugned FIR in Crime No. 742/2020 dt. 13.10.2020 on the file of the 1st respondent police and to quash the same as illegal in so far as the petitioner is concerned.

For Petitioner : Mr.S.Velrajan For R1 : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side) 1/4

ORDER

This Criminal Original Petition is filed to call for the records pertaining to the impugned FIR in Crime No. 742/2020 dated 13.10.2020 on the file of the 1st respondent police and to quash the same as illegal in so far as the petitioner is concerned.

2.Learned counsel for the petitioner submitted that the co-accused Nos.1 to 5 have filed Crl.O.P.(MD)No.12922 of 2020 before this Court and the same was considered in their favour by order dated 15.09.2023, stating that offences under Sections 471 and 465 of IPC would not attract and also considering the fact that a civil suit in O.S.No.41 of 2018 is pending before the learned District Munsif, Tirunelveli, the petition was allowed.

3. This Court is of the view that since the petitioner is also standing in the same footings and he is entitled for the relief.

4. Accordingly, this Criminal Original Petition is allowed and the First Information Report in Crime No.742 of 2020 on the file of the first 2/4

respondent is hereby quashed in so far as the petitioner is concerned, without notice to the second respondent. Consequently, connected miscellaneous petition stands closed.

28.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Tirunelveli.

(Crime No.742/2020) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

pnn 28.11.2023 4/4