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Madras High Court

V.Marx @ Arun Kumar vs State Rep. By on 23 February, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                      Criminal Original Petition No.4195 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 23.02.2024

                                                              CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                         Criminal Original Petition No.4195 of 2024

                     V.Marx @ Arun Kumar
                     S/o.Velliyangiri                                                   ... Petitioner

                                                               Vs.
                     1.           State Rep. by
                                  The Inspector of Police
                                  Alandhurai Police Station
                                  Coimbatore District.

                     2.           K.Krishna Swamy
                                  S/o.Kali                                              ... Respondents

                     Prayer: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure praying to call for the entire records connected
                     with the case in F.I.R.No.65 of 2014 on the file of the first respondent
                     police and quash the same insofar as the petitioner is concerned.


                                  For Petitioner          :      Mr.C.Rajaguru

                                  For Respondents         :      Mr.A.Damodaran
                                                                  Additional Public Prosecutor
                                                                 [R1]
                                                              *****



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                                                                         Criminal Original Petition No.4195 of 2024

                                                        ORDER

This Criminal Original Petition has been filed challenging the First Information Report in Crime No.65 of 2014 pending investigation on the file of the first respondent.

2. Heard Mr.C.Rajaguru, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for first respondent.

3. The case of the prosecution is that on 06.04.2014 at about 5.30 p.m., the accused persons indulged in causing ruckus and they also threw stones and the front mirror of the bus was broken. They also caused threat to the driver and conductor of the bus. They prevented the police from performing their duty. Based on the complaint given by the second respondent, a First Information Report came to be registered in Crime No.65 of 2014. The petitioner was arrayed as A3.

4. It is brought to the notice of this Court that for the last ten years, there has been no progress in the investigation. The petitioner, who is aspiring to become an Advocate, has approached this Court seeking to https://www.mhc.tn.gov.in/judis 2/4 Criminal Original Petition No.4195 of 2024 quash the First Information Report.

5. Taking into consideration the facts and circumstances of the case and also the fact that more than ten years have lapsed after the incident, this Court is inclined to quash the First Information Report insofar as the petitioner herein is concerned.

6. Accordingly, this Criminal Original Petition is allowed and the First Information Report in Crime No.65 of 2014 pending investigation on the file of the first respondent, is quashed insofar as the petitioner herein is concerned.

7. The petitioner shall pay a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk's Association, High Court Buildings, Madras, A/c No.484026006 IFSC Code:IDIB000M157), within a period of two (2) weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

N.ANAND VENKATESH, J.

https://www.mhc.tn.gov.in/judis 3/4 Criminal Original Petition No.4195 of 2024 gm Post this case under the caption 'for reporting compliance' on 11.03.2024.

23.02.2024 Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm To

1. The Inspector of Police Alandhurai Police Station Coimbatore District.

2. The Public Prosecutor, High Court, Madras.

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