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Madras High CourtCRL OP/976/2022dismissed

Kesavan v. State Rep By

2022-06-27Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P. No.976 of 2022 a n d Crl.M.P.No.377 and 378 of 2022 Kesavan

...Petitioner/Accused No.2

Vs State rep by

1. The Inspector of Police District Crime Branch Anti Land Grabbing Special Cell Thiruvallur. ...1st Respondent/Complainant

2. Sivaramakrishnan ...2nd Respondent/Defacto Complainant PRAYER:Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the proceedings in C.C.No.25 of 2021 on the file of the learned Judicial Magistrate No.1, Thiruvallur.

For Petitioner ...

Mr.S.Shankar For Respondents ...

Mr.A.Gokulakrishnan Additional Public Prosecutor for R.1

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.25 of 2021 on the file of the learned Judicial Magistrate No.1, Thiruvallur, for the offences punishable under Sections 420, 465, 468 and 471 of the Indian Penal Code.

2.Heard Mr.S.Shankar, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the first respondent.

3.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that his name is not found place in the First Information report filed by the investigation agency and there is no specific allegations against the petitioner in the First Information Report. 4.A perusal of the Final Report would indicate that materials collected by the prosecution clearly disclose the commission of offence. Hence all the factual submission made by the learned counsel for the petitioner is a matter of evidence and appreciation.

5.In such a view of the matter, this Criminal Original Petition is dismissed. Consequently, the connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar mvs.

To

1. The Judicial Magistrate No.1, Thiruvallur.

2. The Inspector of Police District Crime Branch Anti Land Grabbing Special Cell Thiruvallur.

3. The Public Prosecutor, High Court, Madras. Crl. O.P. No.976 of 2022 GPL(CO) RGA(15/07/2022)