Vellaiyammal v. The State Of Tamilnadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.2848 & 2850 of 2019 and Crl.M.P.Nos.1868 & 1872 of 2019

1. Vellaiyammal

2. Shanthi ... Petitioners in both Crl.O.P.'s Vs.

The State of Tamilnadu, Rep. by Inspector of Police, Thalaivasal Police Station, Attur Taluk, Salem District ... 1st respondent in both Crl.O.P.'s Krishnamoorthy ... 2nd respondent in Crl.O.P.No.2848 of 2019/Complainant Vijay ... 2nd respondent in Crl.O.P.No.2850 of 2019/Complainant COMMON PRAYER:

Criminal Original Petitions filed under Section 482 Cr.P.C. praying to call for the records of Cr.Nos.94 of 2017 & 93 of 2017 pending on the file of the Inspector of Police, Thalaivasal, Attur Taluk with respect to the petitioners and quash the same.

For Petitioners : Mr.N.Subramani in both Crl.O.P.'s For 1st Respondent: Mr.M.Mohamed Riyaz in both Crl.O.P.'s Additional Public Prosecutor, COMMON ORDER These petitions have been filed to call for the records of Cr.Nos.94 of 2017 & 93 of 2017 pending on the file of the Inspector of Police, Thalaivasal, Attur Taluk with respect to the petitioners and quash the same.

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2. The learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this case as such they have filed this petition to quash the FIR in Crime Nos.94 & 93 of 2017.

3. The learned Additional Public Prosecutor would submit that these cases have been registered for the offences under Prevention of Damage to Public Property Act, 1984, and moreover these are counter cases.

3. Considering the submissions of the learned Additional Public Prosecutor, this Court is not inclined to quash the FIR in Crime Nos.94 & 93 of 2017. However considering the fact that these are counter cases, the first respondent is directed to complete the enquiry and on following the police standing rules file a final report both in Crime Nos.94 & 93 of 2017 within a period of three months from the date of receipt of a copy of this Order.

7. With the above direction, these Criminal Original Petitions are disposed of.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar lok To

1. The Inspector of Police, Thalaivasal Police Station, Attur Taluk, Salem District

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.Nos.2848 & 2850 of 2019 and Crl.M.P.Nos.1868 & 1872 of 2019 nr 14/03/2019 https://hcservices.ecourts.gov.in/hcservices/