K.Gopinath vs The State Rep. By Its
2021 Latest Caselaw 1841 Mad

                                                                                 Crl.O.P.No..3779 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 27.01.2021

                                                          CORAM

                         THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                  Crl.O.P.No.3779 of 2018
                                                and Crl.MP.No.1724 of 2018

                K.Gopinath                                                         ... Petitioner
                                                            Vs.
                1. The State Rep. By its
                The Inspector of Police,
                Tiruppur North Police Station,
                Tiruppur District.
                (Crime No.1365 of 2017)

                2. A.Tamilventhan                                                 ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call
                for the records in Crime No.1365 of 2017 on the file of the first respondent
                police and quash the same.
                                   For Petitioner          : Mr.K.Myilsamy
                                   For Respondents         : Mr.C.Raghavan
                                                             Government Advocate (Crl. Side)
                                                          ORDER

This petition has been filed seeking to quash the FIR in crime No.1365 of

2017 pending on the file of the first respondent Police.

2. The second respondent has given a complaint against the petitioner on https://www.mhc.tn.gov.in/judis/ the ground that the petitioner along with his party men had burnt the effigy of a

Crl.O.P.No..3779 of 2018

political party leader and had made a statement to the effect that anyone who

bring the head of the said leader, will be paid money. Based on this complaint,

an FIR has been registered for offences under section 153A(1)(a), 505(1)(b),

505(1)(c) and 506(ii) of IPC.

3. Heard Mr.K.Myilsamy, learned counsel for the petitioner and

Mr.C.Raghavan, learned Government Advocate (Crl. Side) appearing on behalf

first respondent. The second respondent has been served and his name has been

printed in the cause list and there is no representation either in person or

through counsel.

4. In the considered view of this Court, the allegations made in the

complaint, do not make out the offences under Sections 153A(1)(a), 505(1)(b),

505(1)(c) and 506(ii) IPC. Useful reference can be made to the Judgments of

this Court in Haarun Basha Vs. The State rep. By the Inspector of Police, E-5,

Cholavaram Police Station, Thiruvallur District reported in 2019 (1) LW Crl.

21 and Rafi Ahmed Vs. The Deputy Superindentent of Police, National

Investigation Agency, Cochin (Camp at Chennai) reported in 2020 (1) LW

Crl. 161. Continuing with the investigation, at the length of time, will not serve

any purpose and accordingly, the FIR in Crime No.1365 of 2017 pending https://www.mhc.tn.gov.in/judis/ investigation on the file of the respondent police, is hereby quashed and this

Crl.O.P.No..3779 of 2018

Criminal Original Petition is allowed. Consequently, connected miscellaneous

petitions is closed.

27.01.2021

Speaking Order/Non-speaking Order

Index :Yes/No

Internet:Yes/No

rli

To

1. The State Rep. By its The Inspector of Police, Tiruppur North Police Station, Tiruppur District.

2. The Public Prosecutor High Court of Madras Chennai – 600 104.

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

Crl.O.P.No..3779 of 2018

N.ANAND VENKATESH,J.

rli

Crl.O.P.No.3779 of 2018 and Crl.MP.No.1724 of 2018

27.01.2021

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