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Madras High CourtCRL OP/946/2024dismissed

H.B.Saravana Kumar v. The Inspector Of Police

2025-01-07Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-01-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN Crl.O.P.Nos.946 & 4382 of 2024 and Crl.M.P.No.607 of 2024 H.B.Saravana Kumar Petitioner in both Crl.O.Ps.

Vs

1. The State of Tamil Nadu, Represented by the Inspector of Police, Karimangalam Police Station, Dharmapuri.

(Crime No.49 of 2024) (Crime No.03 of 2024)

2. Sathiyamoorthy Respondents in both Crl.O.Ps.

COMMON PRAYER:

Criminal Original Petitions filed under Section 482 Cr.P.C., to call for the records in First Information Report in Crime No.49 of 2024, dated 04.02.2024 and Crime No.03/2024, dated 05.01.2024 on the file of the first respondent and quash the same as illegal, incompetent and abuse of process of law.

in both cases For Petitioner: Mr.R.Harikrishnan

For Respondents: Mr.S.Sugendran, (for R1) Additional Public Prosecutor Mr.S.Praveennath (for R2) COMMON ORDER This Criminal Original Petitions have been filed to call for the records in First Information Report in Crime No.49 of 2024, dated 04.02.2024 and Crime No.03/2024, dated 05.01.2024 on the file of the first respondent and quash the same as illegal, incompetent and abuse of process of law.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent/Police police and the learned counsel appearing for the second respondent and perused the materials available on record.

3. Learned counsel for the petitioner submitted that, based on the complaint made by the de-facto complainant/second respondent, F.I.R in Crime No.3 of 2024 has been registered as against the petitioner and

others, on the file of the first respondent/Police on 05.01.2024. Subsequently, another case in Crime No.49 of 2024 has also been registered as against the petitioner and others on 04.02.2024 ,for the very same incident. Hence, the petitioner prays to quash both the F.I.Rs.

4. On a perusal of the records, it is seen that though the complainant in both the F.I.Rs is same, but the cause of action is different. This Court is not satisfied with the grounds taken by the petitioner. The first respondent/ Police is directed to complete the investigation and file a charge sheet as early as possible. As far as the case in counter is concerned, the first respondent/Police is directed to follow the guide lines issued by the Full Bench of this Court in Crl.O.P.No.4587 of 2024 etc., batch cases in the case of T.Balaji and another Vs State represented by the Inspector of Police, New Washermenpet Police Station, Chennai and another, by order dated 08.08.2024.

5. In view of the above, this Criminal Original Petitions are dismissed. Consequently, connected miscellaneous petition is closed. 07.01.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Inspector of Police, Karimangalam Police Station, Dharmapuri.

2. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J.

mfa Crl.O.P.No.946 & 4382 of 2024 and Crl.M.P.No.607 of 2024 07.01.2025