V.Ramasubbu vs The State Of Tamilnadu Rep.Through Its on 12 February, 2019

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Madras High Court

V.Ramasubbu vs The State Of Tamilnadu Rep.Through Its on 12 February, 2019

Bench: N.Seshasayee

                                                          1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 12.02.2019

                                                    CORAM:

                             THE HONOURABLE MR.JUSTICE N.SESHASAYEE

                                     Crl.O.P.[MD]No.22444 of 2018
                               and Crl.M.P.(MD)No.10529 & 10530 of 2018

                      1.V.Ramasubbu
                      2.S.Velmurugan                                    : Petitioners

                                                      Vs.

                      1.The State of Tamilnadu rep.through its
                        Sub Inspector of Police,
                        Medical College Police Station,
                        Palayamkottai, Tirunelveli District.
                        (Crime No.128 of 2018)

                      2.Sappani                                        : Respondents


                      PRAYER : Criminal Original Petition is filed under Section 482 of
                      Cr.P.C. to call for the records pertaining to quash the First
                      Information Report in Crime No.128 of 2018 dated 25.11.2018
                      registered on the file of the first respondent police under Sections
                      147, 294(b), 353 and 506(ii) IPC.


                                  For Petitioners   : Mr.P.M.Vishnuvarthanan
                                  For R1            : Mr.A.P,G.Ohm Chairma Prabhu
                                                      Government Advocate(Crl.Side)




http://www.judis.nic.in
                                                           2

                                                      ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.128 of 2018, pending on the file of the first respondent police.

2.The petitioners are arrayed as accused Nos.1 and 2 in Crime No.128 of 2018. The First Information Report was registered for the offence under Sections 147, 294(b), 353 and 506(ii) IPC.

3.The learned counsel appearing for the petitioners submitted that the entire complaint is false one and the first petitioner himself has preferred a complaint before the Chief Minister Special Cell.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that a plain reading of the First Information Report discloses the commission of offence as well as involvement of the petitioners.

5.This Court perused the entire First Information Report and find that there is merit in the statement made by the learned http://www.judis.nic.in 3 Government Advocate(Crl.side). Prima facie, the First Information Report discloses both the commission of offence as well as involvement of the petitioners. Therefore, this case has to necessarily go for investigation. Whether the First Information Report is a false one or has been filed without any basis, is a matter for investigation and it is pre-mature to this Court to interfere in the pending investigation.

6.In the result, this Court does not find any merits in this Criminal Original Petition and the same is dismissed. Consequently, connected miscellaneous petitions are closed.

12.02.2019 Index: Yes/No Internet: Yes/No gns To

1.Sub Inspector of Police, Medical College Police Station, Palayamkottai, Tirunelveli District.

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

http://www.judis.nic.in 4 N.SESHASAYEE, J., gns Crl.O.P.[MD]No.22444 of 2018 12.02.2019 http://www.judis.nic.in

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