M.Sukumar Reddy v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:27.11.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.20007 of 2013 M.Sukumar Reddy ... Petitioner Vs

1. State of Tamil Nadu rep by its Deputy Superintendent of Police- Anti Land Grabbing Cell, O/o.Deputy Superintendent of Police, Kancheepuram, Kancheepuram District.

2. Meenaka Seshadri ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., calling for the entire records in respect of F.I.R, Crime No.69 of 2012 dated 08.09.2012, on the file of the first respondent and to quash the same as against the petitioner. For Petitioner : Mr.P.Subba Reddy For Respondents : Mr.R.Surya Prakash, Government Advocate (Crl.Side) for R1.

: Mr.M.C.Govindan for R2

ORDER

This petition has been filed by the third accused to quash the F.I.R against him in Crime No.69 of 2012 on the file of the first respondent.

2. On 29.10.2018, one K.Lakshmi Narayana Reddy, appeared in person and filed an authorization letter stating that he has been authorized by the petitioner herein to represent on his behalf and sign in the compromise memo. The second respondent appeared in person and filed a compromise memo stating that the matter has been settled between the petitioner and the second respondent. Since, one S.Prabhakar Murugaraj has filed an application in Crl.M.P.No.1 of 2014 to implead himself as third https://hcservices.ecourts.gov.in/hcservices/

respondent in the above Criminal Original Petition and there was no representation on his behalf, the matter was adjourned to 09.11.2018 with a direction to post the Crl.MP.No.1 of 2014 under the caption, " for dismissal". On 09.11.2018 also, there was no representation on behalf of the said S.Prabhakar Murugaraj and hence, the petition which was filed by him in Crl.MP.No.1 of 2014 was dismissed for non-prosecution and thereafter, the main O.P. was posted, " for Orders ".

3. It is seen from the records that the second respondent lodged a complaint against three accused persons viz., 1) Umakanth, 2) Prem Kumar and 3) Sukumar Reddy. The third accused namely Sukumar Reddy alone has filed this criminal original petition to quash the F.I.R. against him. The compromise memo filed by the second respondent and the authorized agent of the petitioner would show that the petitioner and the second respondent have settled the issue and hence this Court is inclined to allow this petition.

4. In the result, this petition is allowed. The F.I.R in Cr.No.69 of 2012 on the file of the first respondent is quashed against the petitioner herein alone. It is for the first respondent to investigate the matter against the accused Nos.1 and 2 in accordance with law and file a final report before the concerned Court.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar vv/gsp To

1. The Deputy Superintendent of Police- Anti Land Grabbing Cell, O/o.Deputy Superintendent of Police, Kancheepuram, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Subbareddy, Advocate SR.No.81442 Crl.O.P.No.20007 of 2013 MP(CO) GMY(21/12/2018) https://hcservices.ecourts.gov.in/hcservices/