G.Ramesh v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.11561 of 2011 and MP.No.1 of 2011 G.Ramesh ... Petitioner Vs.

1. The State Represented by Inspector of Police T-4 Maduravoyal Police Station Maduravoyal, Thiruvallur District.

2. R.Gothandaraman.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C to call for the entire records in Crime No.297 of 2011 on the file of the Inspector of Police, Maduravoyal Police Station, Chennai and quash the proceedings against the petitioner. For Petitioner : Mr.J.Ganesh For R1 : Mr.C.Emalias Additional Public Prosecutor For R2 : Notice sent service awaited

O R D E R

This criminal original petition has been filed to call for the entire records in Crime No.297 of 2011 on the file of the Inspector of Police, Maduravoyal Police Station, Chennai and quash the proceedings against the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent.

3. On the complaint lodged by one Gothandaraman, the first respondent police registered a case in Crime No.297 of 2011 on https://hcservices.ecourts.gov.in/hcservices/

02.04.2011 under Sections 448, 427 and 380 IPC challenging which Ramesh (not named in the FIR) is before this Court.

4. It is the case of the de-facto complainant that he is the owner of the property bearing Plot No.83, Perumal Koil Street, New Colony, Nerkundram, Chennai-600 107 and that on 27.03.2011 some persons have trespassed in the property and installed a board and taken away cement bags and hence the FIR.

5. Since the complaint prima facie discloses the commission of cognizable offence, the same cannot be quashed at the threshold.

6. In view of the above, this petition is dismissed. The first respondent police is directed to complete the investigation within six months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. The Registry is directed to send back the original records if any, to the concerned Court. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk To

1. The Inspector of Police T-4 Maduravoyal Police Station Maduravoyal, Thiruvallur District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.11561 of 2011 KSJ(CO) CA(29/11/2016) https://hcservices.ecourts.gov.in/hcservices/