Kesavapandian v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Kesavapandian ... Petitioner Vs.

1. The Inspector of Police, District Crime Branch, Namakkal, Namakkal District.

2.Aravind 3.Sugambulingaraja 4.Kunjidhapatham 5.Raman 6.Sathiskumar 7.Muthupandiyan 8.Keerthana 9.Kavinkumar 10.Sumitha 11.Sivaraman 12.Kamakodi 13.Maharajan 14.Mohan 15.Manikandan 16.Venkatesan 17.Arulmurugan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st respondent to complete the 1/4

preliminary enquiry and register a case against the respondents 2 to 17 as per the order dated 01.08.2023 passed in Cr.M.P.No.2671 of 2023 on the file of the Judicial magistrate Court, Tiruchengode. For Petitioner : Mr.M.Murugesan For RR1 : Mr.A.Gopinath Government Advocate (Crl.Side) For RR2 to 17 : Mr.Sarath Chandran

O R D E R

This petition has been filed for a direction to the 1st respondent to complete the enquiry and register an FIR based on the order passed by the learned Judicial Magistrate, Thiruchengode in Crl.M.P.No.2671/2023 on 01.08.2023.

2. When the matter was taken up for hearing today, the learned Government Advocate on instructions submitted that the enquiry was conducted and it was found that it was a false complaint given by the petitioner and therefore, the closure report was filed. The closure report that was filed before the learned Judicial Magistrate, Thiruchengode, was also placed before this Court.

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3. It is seen from the materials that have been placed before this Court that the petitioner who had borrowed money had chosen to file one petition after other and moved various authorities but not repaid back the loan amount. This Court finds that there is clear abuse of process of law on the part of the petitioner.

4. In the light of the conduct of the petitioner and also in the light of the fact that a closure report has been filed by the police, nothing survives in this petition and accordingly, this Criminal Original petition is closed.

08.02.2024 Speaking Order/Non-speaking Order Index :Yes/No sk To 1.The Inspector of Police, District Crime Branch, Namakkal, Namakkal District.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J.

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