Petition to quash FIR alleging obstruction and abuse of officials during Kaja Cyclone rescue operations. Court found materials on record for investigation to proceed, held interference under Section 482 CrPC impermissible per Bhajan Lal, and dismissed the petition.
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Crl.O.P(MD).No.1286 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.06.2024
CORAM :
THE HON'BLE MR JUSTICE A.A.NAKKIRAN
Crl.O.P(MD).No.1286 of 2019
Ravikumar ... Petitioner
Vs. 1.State rep. by The Inspector of Police, Viralaimalai Police Station, Pudukkottai District. (Crime No.393 of 2018)
2.M.Devaraj ... Respondents
PRAYER:- Petition filed under Section 482 Cr.P.C., to quash the FIR in Crime No.393 of 2018, dated 29.11.2018 on the file of the Inspector of Police, Viralimalai Police Station, Pudukkottai and quash the same.
For Petitioner : Mr.K. Kevinkaran For Respondent No.1 : Mr.K. Sanjai Gandhi Government Advocate (Crl. side) For 2nd respondent : Mr.Ramanathan
O R D E R
This Criminal Original Petition has been filed to quash the
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Crl.O.P(MD).No.1286 of 2019
impugned Crime No.393 of 2018, dated 29.11.2018 on the file of the 1st respondent police viz., the Inspector of Police, Viralimalai Police Station, Pudukkottai.
2.The case of the prosecution is that on 28.11.2018, the 2nd respondent / defacto complainant and their officials were doing Kaja Cyclone recover and rescue operations as emergent manner at Kodumbalur, which is the petitioner's jurisdiction and at that time, the petitioner herein restrained them and abused them in filthy language and also threatened them with dire consequences. Hence, based on the complaint given by the 2nd respondent, a case has been registered in Crime No.393 of 2018 for the offences under Sections 294(b), 353 and 506(ii) IPC.
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fact has given a false complaint and hence, he prayed to quash the impugned First Information Report.
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subjected to humiliation.
11.06.2024
Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp
To
1.The Inspector of Police, Viralaimalai Police Station, Pudukkottai District.
Madurai Bench of Madras High Court, Madurai.
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Crl.O.P(MD).No.1286 of 2019
A.A.NAKKIRAN, J.
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Crl.O.P(MD).No.1286 of 2019
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1 issue framed by the court
Whether the FIR in Crime No.393 of 2018 should be quashed under Section 482 Cr.P.C. at the investigation stage.
Colour shows how this judgement treated each authority
State of Haryana and others vs. Bhajan Lal and othersRelied on¶5
1992 Supp (1) SCC 335 · Who else cites this
4 provisions across 2 enactments
Ravikumar
State rep. by The Inspector of Police, Viralaimalai Police Station, Pudukkottai District
M. Devaraj
A.A. Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
