E.Sankar vs The State Represented
2021 Latest Caselaw 2284 Mad

                                                            1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 02.02.2021

                                                         CORAM

                              THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                             CRL.O.P No.939 of 2017
                                                       and
                                              Crl.M.P No.686 of 2017
                     E.Sankar
                     ...Petitioner

                                                           Vs.

                     1. The State represented
                        by the Inspector of Police,
                        Sankarapuram Police Station,
                        Villupuram District.

                     2. V.Duraiarasan                           ..Respondents
                     PRAYER : Criminal Original Petition filed under Section 482 of
                     Criminal Procedure Code, praying to quash the final report filed
                     in STC No.691 of 2015 on the file of Judicial Magistrate,
                     Sankarapuram.
                                   For Petitioner                : D.K.Ravishankar
                                   For Respondents               : MR.C.Raghavan
                                                                   Government Advocate for
                                                                   No appearance for R2




https://www.mhc.tn.gov.in/judis/
                                                          2

                                                       ORDER

This Criminal Original Petition has been filed for

seeking to quash the proceedings in S.T.C.No.691 of 2015,

pending on the file of the learned Judicial Magistrate,

Sankarapuram.

2. A final report has been filed for the offences under

Sections 143, 188 and 353 I.P.C. Insofar as the offences under

Sections 188 and 143 I.P.C are concerned, this case is squarely

covered by the judgment of this Court in Crl.O.P.(MD).No.1356 of

2018 etc batch, dated 20.09.2018. Insofar as the offence under

Section 353 I.P.C is concerned, no case has been made out and

the alleged offence is intrinsically connected with the other

offences under Sections 188 and 143 I.P.C. Therefore, the final

report is liable to be quashed even insofar as the offence under

Section 353 is concerned.

3.In view of the above, the proceedings in S.T.C.No.691

of 2015 pending on the file of the learned Judicial Magistrate,

Sankarapuram is hereby quashed.

https://www.mhc.tn.gov.in/judis/ Accordingly, the Criminal

Original Petition is allowed. Consequently, the connected

miscellaneous petitions are closed.

                                                                           02.02.2021
                     Index       : Yes / No
                     Internet     : Yes / No
                     rka
                     To
                     1.The State represented
                        by the Inspector of Police,
                        Sankarapuram Police Station,
                        Villupuram District.

2. The Judicial Magistrate, Sankarapuram.

3.The Additional Public Prosecutor, Madras High Court, Chennai

N.ANAND VENKATESH, J.

https://www.mhc.tn.gov.in/judis/ rka

Crl.O.P. No.939 of 2017

02.02.2021

https://www.mhc.tn.gov.in/judis/