Madras High CourtCRL OP/822/2015disposed of

P.A.Matheswaran v. State Rep By

2019-12-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.822 of 2015 and MP No.1 of 2015 P.A.Matheswaran ... Petitioner/Accused No.1 Vs.

1.State represented by the Sub-Inspector of Police, Thudialur Police Station, Coimbatore.

...Respondent/Complainant

2.Jothimani

...Respondent/Defacto Complainant

Prayer: This Criminal Original filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the First information Report in Thudialur Police Station in Crime No.750 of 2014 pending investigation on the file of the 1st respondent and quash the same.

For Petitioner : Mr.V.Pavel For Respondent : Mr.C.Iyyaparaj, Additional Public Prosecutor

O R D E R

This petition has been filed seeking to call for the records pertaining to the First information Report in Thusialur Police Station in Crime No.750 of 2014 pending investigation on the file of the 1st respondent and quash the same. 2.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A1 in Crime No.750 of 2014. He would further submit that the petitioner had entered into a sale agreement on 20.07.2012. Pursuant to it, he had made a demand that some amount should be paid through cash and some amount amount should be paid through Bank. Suppressing the fact he had given a false complaint before the Judicial Magistrate No.I, Coimbatore, which was forwarded under Section 156(3) to the first respondent. The first respondent had no other alternative way had filed an FIR in Cr.NO.750 of 2014. The petitioner had also given a complaint before the Additional Superintendent of Police, Coimbatore and submitted that the entire case is instituted with mala fide..

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3.The learned counsel appearing for the petitioner would further submit that, it would suffice, if this Court permits the petitioner to furnish the particulars before the law enforcing agency to prove his innocence and issue direction to the law enforcing agency to complete the investigation within a time frame.

4.The learned Additional Public Prosecutor concedes to the request made by the learned counsel appearing for the petitioner and on instructions, he would further submit that the investigation will be completed within the time frame fixed by this Court.

5.Considering the limited request made by the learned counsel appearing for the petitioner, this Court without going into the merits of the case, is inclined to issue direction to the law enforcing agency to complete the investigation in Crime No.750 of 2014, after giving opportunity to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the law enforcing agency for early completion of the investigation.

6.This criminal original petition is disposed of. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Sub-Inspector of Police, Thudialur Police Station, Coimbatore.

2.The Additional Public Prosecutor, High Court of Madras, Chennai.

AKM/10.02.2020/2P-3C / Crl.O.P. No.822 of 2015 2/2 https://hcservices.ecourts.gov.in/hcservices/