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2015 DIGILAW 582 (MAD)

Senthil v. Inspector of Police, Veeravanallur Police Station, Tirunelveli

2015-02-02

C.T.SELVAM

body2015
Judgment 1. The petitioner is seeking a direction to quash the Charge Sheet in C.C.No.38 of 2014 on the file of the Judicial Magistrate Court, Cheranmahadevi for the offences under Sections 341 and 353 IPC. 2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the first respondents. 3. Learned Counsel appearing for the petitioner submits that the petitioner is an Advocate and he is accused of having deterred a Police Constable in carrying out the arrest of an accused in case registered in Crime No.23 of 2013 for the offences under Sections 294(b), 324 and 506(ii) IPC, on the file of the first respondent and on such accusation, the charge sheet has been filed against the petitioner under Sections 294(b), 324 and 506(ii) IPC. 4. Accepting the submissions of learned Counsel appearing for petitioner that if ended the complainant in the present case had taken part in any manner in the investigation in Crime No.23 of 2013 and if any offence of the sort complained of had taken place, he would have been cited as witnesses in the case arising out of Crime No.23 of 2013 i.e. the case now pending trial in C.C.No.41 of 2014 on the file of the learned Judicial Magistrate, Cheranmahadevi and the fact that such is not the case would lead to the inference that the present case, is one foisted upon him and also taking into consideration the further submission regarding the hurried manner of investigation in the case i.e. upon registration of F.I.R on 23.01.2013, final report has been filed on 30.01.2013, this Court would quash all further proceedings in C.C.No.41 of 2014 on the file of learned Judicial Magistrate, Cheranmahadevi. 5. Accordingly, this Criminal Original Petition is ordered. Consequently, the connected Miscellaneous petitions are closed.