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2021 Supreme(Mad) 1281

M.NIRMAL KUMAR
S. Martin – Appellant
Versus
State Rep. by The Inspector of Police, B4 Race Course Police Station, Coimbatore – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ramesh Kumar
For the Respondent: Mr. Iyapparaj, Additional Public Prosecutor.

ORDER :

1. The petitioner, who is the accused facing trial in C.C.No.74 of 2013, for the offence under Section 353 and 506(ii) of IPC, pending before the Judicial Magistrate No.III, Coimbatore, has filed this quash petition.

2.The gist of the case is that the petitioner was detained under Goondas Act and detained in Central Prison, Coimbatore in Room No.11. On 08.03.2012 at about 6.30 p.m, the de-facto complainant/second respondent along with LW.2 to L.W.6, had gone to the petitioner's room to make a search. At that time, the petitioner had restrained the de-facto complainant and other witnesses stating that nobody could conduct any search in his room and thereby used criminal force and threatened the public servant from discharging their duty. When the de-facto complainant and others proceeded further, the petitioner picked up a stone, which was available near the room and threatened the de-facto complainant and LW.2 to LW.6 with dire consequences. Hence, the de-facto complainant lodged a complaint to the first respondent/police at about 8.30 p.m. On registration of the complaint, the first respondent/police visited the scene of occurrence, enquired the witnesses LW.1 to LW.7 and th

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