P.Venkatesan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.4327 of 2019 and Crl.MP. No. 2587 of 2019 P. Venkatesan ..Petitioner Vs

1. The State rep.by The Inspector of Police, Manalurpet Police Station, Villupuram.

2. Govintharaj

...Respondents

PRAYER: This Criminal Original Petition is filed under Section 482 of Cr.P.C, praying to call for the entire records in Crime No. 21/2019 dated 11.01.2019 on the file of the 1st respondent and quash the same.

For Petitioner : M/s.S.Akila for M/s. Sarvabhauman Associates For Respondent: Mr.M. Mohammed Riyaz Additional Public Prosecutor-R1

O R D E R

The prayer in this Criminal Original Petition is to call for the entire records in Crime No. 21/2019 dated 11.01.2019 on the file of the 1st respondent and quash the same.

2. It is submitted by the learned counsel for the petitioner that a false case has been registered against the petitioner in Crime No. 21/2019 dated 11.01.2019 for the offences under Sections 294(b), 323, and 506(1) of IPC and Sections 3(1)(r), 3(2)(va), 3(1)(s) of the Scheduled Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015 by the 1st respondent based on the complaint given by the 2nd respondent.

3. It is seen from the records that for the same occurrence, the petitioner has also lodged a complaint against the 2nd respondent herein in Crime No. 22 of 2019 on the file of the 1st respondent police for the offences under Sections 294 https://hcservices.ecourts.gov.in/hcservices/

(b), 323, and 506(1) of IPC.

4. In view of the above, the prayer sought for by the petitioner to quash the FIR cannot be considered. However, the 1st respondent is directed to conduct the investigation by following the procedure laid down in Police Standing Orders 588 A and complete the same and file a final report within a period of three months from the date of receipt of a copy of this Order. With the above direction, the present Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar ak To

1. The Inspector of Police, Manalurpet Police Station, Villupuram.

2.The Public Prosecutor, High Court, Madras +1cc to Mr.Sarvabhauman Associates, Advocate, S.R.No. 27815 CRL.O.P.No.4327 of 2019 and Crl.MP. No. 2587 of 2019 RGN(CO) GN(29/03/2019) https://hcservices.ecourts.gov.in/hcservices/