Munusamy vs The Inspector Of Police
2021 Latest Caselaw 1674 Mad

                                                                                Crl.O.P.No.854 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED 25.01.2021

                                                       CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                               Crl.O.P.No.854 of 2021
                                                        and
                                             C.M.P.Nos.526 & 527 of 2021

                     Munusamy                                                         .. Petitioner
                                                            Vs.
                     1.The Inspector of Police,
                       Kammapuram Police Station,
                       Virudhachalam Taluk,
                       Cuddalore District - 606 103.
                       (Crime No.19/2017)

                     2.Mr.Pushparaj,
                       Sub Inspector of Police,
                       Kammapuram Police Station,
                       Virudhachalam Taluk,
                       Cuddalore District - 606 103.                              .. Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, to call for the records in C.C.No.278 of 2017 on the file of
                     the learned Judicial Magistrate -II Court, Virudhachalam pending trial in
                     Crime No.19 of 2017 on the file of the 1st respondent police and quash the
                     same.



                                                       Page 1 of 5



https://www.mhc.tn.gov.in/judis/
                                                                                    Crl.O.P.No.854 of 2021

                                           For Petitioner  : Mr.G.Mohana Krishnan
                                           For Respondents : Mr.M.Mohamed Riyaz
                                                             Additional Public Prosecutor

                                                         ORDER

This petition has been filed to call for the records in C.C.No.278 of

2017 on the file of the learned Judicial Magistrate -II Court, Virudhachalam

pending trial in Crime No.19 of 2017 on the file of the 1st respondent police

and quash the same.

2.On consent given by either side, the main petition itself is taken up

for final hearing. The respondent Police has filed a final report against the

petitioner who is arrayed as A5 in this case for offences under Sections 143,

188 and 285 of IPC.

3.Heard the learned counsel appearing for the petitioner and the

learned Additional Public Prosecutor appearing for the respondents.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.854 of 2021

4. In considered view of this Court, the present case is squarely

covered by the judgment of this Court in Jeevanandham and others Vs.

State Rep. by Inspector of Police and another reported in (2018) 2 LW Crl

606. In so far as the charge under Section 285 of IPC is concerned, there are

absolutely no independent witnesses to speak about the overt act of the

petitioner and in the present case, informant and the investigation officer

are the same.

5.In view of the above, this Court does not have any hesitation in

quashing the proceedings in C.C.No.278 of 2017, pending on the file of the

learned Judicial Magistrate -II Court, Virudhachalam, in so far the petitioner

is concerned and accordingly, this Criminal Original Petition is allowed. No

costs. Consequently, the connected Miscellaneous Petitions are closed.

25.01.2021

Index :Yes/No Internet:Yes/No mtl

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.854 of 2021

To

1.State Rep. by its The Inspector of Police, K-4 Police Station, Chennai - 600 040.

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.854 of 2021

N. ANAND VENKATESH,J

mtl

Crl.O.P.No.854 of 2021

25.01.2021

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