Madras High CourtCRL OP(MD)/21913/2023dismissed

V.Seenivasan v. The Inspector Of Police

2023-12-06Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD)Nos.17144 and 17145 of 2023 V.Seenivasan ... Petitioner Vs.

1.State represented by The Inspector of Police, Ilathur Police Station, Tenkasi District.

(In Crime No.79 of 2019) 2.Sermakannan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the charge sheet filed in S.C.No.419 of 2022 on the file of the Principal Sub Court, Tenkasi and quash the same.

For Petitioner : Mr.M.Sankar For Respondent : Mr.M.Vaikkam Karunanithi No.1 Government Advocate (Crl.) 1/4

ORDER

This Criminal Original Petition is filed to call for the records relating to the charge sheet filed in S.C.No.419 of 2022 on the file of the Principal Sub Court, Tenkasi and quash the same.

2. The petitioner is facing charges under Sections 353, 307 and 294(b) of IPC. Originally, the case was registered under Section 279 and 337 of IPC by the respondent. During the course of investigation it is found that the petitioner has involved in the offence of attempt to murder. Therefore, the offences are altered and final report was filed against the petitioner and others for the offences under Section 353, 307 and 294(b) of IPC.

3. Learned counsel for the petitioner submitted that this petitioner is no way connected with the occurrence. Because of the previous enmity, he has been wrongly implicated in this case. 2/4

4. Reading of the final report and the documents produced along with the final report, shows that the injured was taken to the hospital and examined by the duty Doctor and who has also issued wound certificate. Whether the petitioner is involved in the crime or not, cannot be a matter for consideration by this Court. The case must be tried to its logical conclusion. I find no reason to entertain this petition, without any legal issue.

5. With this observation, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 06.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 3/4

G.ILANGOVAN , J.

pnn To 1.The Principal Sub Court, Tenkasi.

2.The Inspector of Police, Ilathur Police Station,Tenkasi District. (In Crime No.79 of 2019)

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

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