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Manirathinam Vs State by — Quashing and FIR | Madras HC (2024)

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Madras HC
2024
Manirathinam Vs State byManirathinam v. State by

Dismissed

Manirathinam v. State by

Madras HC5 Jan 2024CRL OP/18135/2022

Case brief

from the order text

What is this about?

IN THE HIGH COURT OF JUDICATURE AT MADRAS…

What the court decided

AI extract

Outcome

A

Crl.O.P.No.18135 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.18135 of 2022 and

Crl.M.P.No. 11959 of 2022

Manirathinam

... Petitioner

Vs.

State by Inspector of Police, Viridhachalam Police Station, Cuddalore Dt. (Crime No.727 of 2021)

Mahalakshmi .. Respondents

PRAYER : Criminal Original Petition filed under Sec.482 of Criminal Procedure Code, to call for the records in Crime No.727 of 2021 on the file of Inspector of Police, Viridhachalam Police Station, Cuddalore District in so far as this petitioner is concerned and quash the same.

Issues for consideration

1 issue framed by the court

AI extract

1.
Should the FIR in Crime No.727 of 2021 be quashed against the petitioner who claims false implication in a suicide case?

Statutes considered

1 provisions across 1 enactments

AI extract

Criminal Procedure Code482

Parties & counsel

AI extract

petitioner
Manirathinam
respondent
State by Inspector of Police, Viridhachalam Police Station, Cuddalore Dt. (Crime No.727 of 2021)
respondent
Mahalakshmi

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 5 Jan 2024 · January
Registered: 29 Jul 2022
Case no.: CRL OP/18135/2022

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Cite this judgement

Manirathinam v. State by, CRL OP/18135/2022 (MAD), decided on 5 January 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Criminal Procedure Code482

View all statutes

Bench / Coram

T.V.Thamilselvi

Parties & counsel

Dismissed

Issue for consideration

Should the FIR in Crime No.727 of 2021 be quashed against the petitioner who claims false implication in a suicide case?

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

For Petitioner : Mr.M.R.Elavarasan

For Respondents : Mr. S.Vinoth Kumar Govt. Advocate (Crl. Side) for R1

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

Crl.O.P.No.18135 of 2022

O R D E R

This Criminal Original Petition has been filed seeking to quash the

F.I.R. in Crime No.727 of 2021 on the file of 1^st respondent police in so far as this petitioner is concerned.

Heard both sides.

The case of complainant is that there is a land dispute between

family members of defacto complainant and petitioner, due to which, the petitioner said to have threatened and abused her husband with man and muscle power. On 09.08.2021, her husband went to his land, but not returned back to home and thereafter, she came to know that her husband consumed poison and subsequently, inspite of effective treatment, he died in the hospital. Hence, the complaint.

The learned counsel for petitioner would submit that he is one of

the accused in Crime No.727 of 2021 and he is no way connected with

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Crl.O.P.No.18135 of 2022

the alleged criminal case. He would submit that in order to cancel his appointment through TNPSC, the defacto complainant wantonly included the name of this petitioner. However, he came to know that the respondent police filed a report by removing his name. But only on receipt of cancellation of appointment, he came to know that his name was not removed in the final report. As he has been falsely implicated in the criminal case, he prayed to quash the proceedings in the F.I.R.

Records perused. During investigation, it reveals that the dispute

arose between husband and wife with regard to adjacent land, thereby out of frustration, he committed suicide. A3, A4 and A5 including the petitioner are no way connected with the alleged occurrence. Therefore, according to investigation, A1 and A6 Murugesan and Rajeswari alone were involved in the alleged occurrence and A3, A5 and A6 have not involved in the occurrence. Therefore, they were already removed from the criminal case. Now, in so far as this petitioner is concerned, the learned Government Advocate submitted that this petitioner name was removed from the F.I.R. to that effect, he filed a copy of final report and

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Crl.O.P.No.18135 of 2022

the same is recorded. Hence, the relief sought by this petitioner became infructuous. Accordingly, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Criminal Miscellaneous Petition is closed.

05.01.2024

Index : Yes / No Internet : Yes / No Speaking/Non-speaking order rpp

To

Inspector of Police, Viridhachalam Police Station, Cuddalore Dt.

The Public Prosecutor, High Court, Madras.

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Crl.O.P.No.18135 of 2022

T.V.THAMILSELVI, J.

rpp

Crl.O.P.No.18135 of 2022

05.01.2024

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T.V.Thamilselvi

CNR

HCMA011034142022

Topic

Quashing and FIR

Bench

T.v.thamilselvi

Disposal

DISMISSED AS INFRUCTUOUS

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