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Judgment
Sathi Kumar Sukumara Kurup, J
The learned Counsel for the Petitioner submits that the Petitioner had filed this petition seeking to quash the FIR in Crime No.138 of 2023 dated 05.06.2023 on the file of the first Respondent.
It is the contention of the learned Counsel for the Petitioner that the Petitioner is arrayed as Accused No.3 in Crime No.138 of 2023 dated 05.06.2023 for the offences punishable under Sections 341, 294(b), 323, 506(2) of I.P.C. There had been civil dispute between the family of the second Respondent /de-facto Complainant and the Petitioner's family regarding right of pathway. On the alleged date of occurrence, the Petitioner was not present in the scene of occurrence. Still his name had been roped in by the complainant, as though he was present in the scene of occurrence.
The learned Counsel for the Petitioner further submitted that on the date of occurrence i.e., on the date mentioned in the FIR, the Petitioner was undergoing training at Tamil Nadu Athletic Association for for 100 and 200 metres in Rockfort Academy, Trichy. Therefore, the Petitioner seeks to quash the FIR pending against him in Crime No.138 of 2023 dated 05.06.2023. Also she would submit that the Petitioner had been selected in the Indian Army and he is likely to appear for the written test scheduled to be held on 29.02.2024.
The learned Counsel for the de-facto Complainant also present before this Court. She seeks time to file vakalat for the second Respondent to submit her arguments.
The learned Government Advocate (Criminal Side) on instructions of the Respondent Police would submit that the investigation had already been completed and they are likely to file a charge sheet before the Court concerned. Also, the learned Government Advocate (Criminal Side) seeks time to file detailed counter.
At request of the learned Government Advocate (Criminal Side) and the learned Counsel for the second Respondent, post the case on 26.02.2024 at 2.15 p.m.