R.Jayabal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2022

CORAM

THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN and Crl MP No.3065 of 2019

1. R.Jayabal ... Petitioner /Accused 6

2. K.Prabakar

...Petitioner / Accused 9

-Vs.-

1. The Inspector of Police, CCB- 1, Team XVI Land Grabbing, Vepery, Chennai 600 007

...Respondent/

Complainant

2. K.Murugan

3. M.Sivanantham [R3 respondent is impleaded as per the order of this Hon'ble Court dated 09.04.2011 made in Crl MP No.5032 of 2019 in Crl OP No.5332 of 2019)...Respondent / Defacto complainant Prayer :- Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to the complaint registered in Cr.No.452 of 2017 pending on the file of the first respondent.

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For Petitioner :

Mr.R.Narendran For Respondents : Mr.N.S.Suganathan Government Advocate for R1 Mr.J.NAndagopal for R2

O R D E R

This petition is filed to quash the FIR registered in Crime No.452 of 2017 on the ground that the respondent police have taken law into their hands and interfered with the civil dispute, based on the complaint given by the 2nd respondent suppressing the pendency of the Civil suit in O.S.No.81 of 2014 filed for declaration of title criminal colour given for the civil dispute alleging an imaginary intention narrated in the impugned complaint. Based on the said false complaint, the respondent police making all attempts to forcibly take away the property by harassment.

2.

When the matter came up for admission on 28.02.2019, this Court directed the 1st respondent police to conduct enquiry and peruse the documents produced on either side and complete the enquiry within a period of three weeks. Meanwhile, not to harrass or arrest the petitioner under the guise of enquiry.

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3.

The learned Public Prosecutor submitted that as per the directions of this Court, the petitioner appeared for enquiry as well as the documents produced by them were perused and the final report has been filed on 28.09.2022 against 17 persons. The petitioner herein is arrayed as A6 and also submits that the respondent has not harassed the petitioner and not arrested him.

4.

In view of the filing of the final report, nothing survives in this criminal original petition. If the petitioner is aggrieved by the contents of the final report, he is at liberty to challenge the same. This Criminal original petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed.

30.09.2022 Speaking/Non-speaking order Index: Yes/No Internet : Yes/No rka 3/5

To

1. The Inspector of Police, CCB- 1, Team XVI Land Grabbing, Vepery, Chennai 600 007

2. The Public Prosecutor, High Court, Madras.

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Dr.G.JAYACHANDRAN.J., rka and Crl MP No.3065 of 2019 30.09.2022 5/5