T.Balaji v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Criminal Original Petition No.4587 of 2024

1. T.Balaji

2. T.Rajakumari ... Petitioners Vs.

1. The State Rep. by The Inspector of Police, New Washermenpet Police Station, Chennai.

(Crime No.575 of 2023)

2. Mr.K.Karthick ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to call for the records of the FIR in Crime No.575 of 2023 dated 29.12.2023 on the file of the first respondent Police and quash the same.

For Petitioner : Mr.C.Iyyaparaj For Respondents : Mr.S.Udaya Kumar Govt. Advocate (Crl. Side), for R1 ********** 1/4

O R D E R

The petition has been filed to quash the Crime No.575 of 2023 on the file of the first respondent police on the ground that it is a false case against the petitioners and the same need to be quashed.

2. Due to the misunderstanding regarding parking of two-wheeler in front of his house, the incident has taken place and the first petitioner being a practicing Advocate in Madras High Court, his prospect will be affected if the complaint is continued for investigation.

3. The learned Government Advocate (Crl. Side) submits that this is case and case in counter. The aggressors will be ascertained in the course of the investigation and appropriate action will be taken by following the dictum laid down by the Full Bench of this Court in Balaji Vs. State of Tamil Nadu.

4. This Court take note of the fact that this petition is one of the case which was considered by the Full Bench and the direction has been issued to the Police as well as to the Court, how to deal with case and case in counter which arises in the same transaction. Therefore, no 2/4

further order is required in this case.

5. The first respondent Police shall consider all the grounds raised in the Original Petition and also the complaint made by these petitioners against the Defacto Complainant and take an appropriate decision in accordance with law based on the material collected in the course of the investigation.

6. With the above direction, the Criminal Original Petition is disposed of.

10.09.2024 jv Index: Yes/No Internet: Yes/No To

1. The Inspector of Police, New Washermenpet Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras 3/4

Dr.G.JAYACHANDRAN,J.

jv Criminal Original Petition No.4587 of 2024 10.09.2024 4/4