Pappanna @ Krishnappa v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2023

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA Crl.O.P.No.7108 of 2021 and Crl.MP.No. 4723 of 2021 1.Pappanna @ Krishnappa 2.Munikrishnappa 3.Gopal @ Venugopal 4.Manjunath .. Petitioners/A1 to A4

Versus

1.The Inspector of Police, Mathigiri Police Station, Hosur Taluka, Krishnagiri District.

(crime No.622/2020) ... Respondent/ Complainant 2.P.Srinivasa Reddy .. Respondent/Defacto complainant Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the entire records in Crime No.622/2020 dated 16.12.2020 registered against the petitioner for the offence under Sec.447, 427 and 506(i) IPC, pending on the file of the 1st respondent police and quash the same.

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For Petitioners :

Mr. G.M.Anantha Kumar For Respondent-1:

Mr.A.Gopinath Government Advocate (crl.side) For Respondent-2:

Mr.R.Ramesh

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.622/2020 dated 16.12.2020 registered against the petitioner for the offence under Sec.447, 427 and 506(i) IPC, pending on the file of the 1st respondent police.

2.Heard the submissions made by the learned counsel on either side and perused the materials available on record.

3. The learned Government Advocate (crl.side) for the first respondent submitted that investigation in this matter has been completed and the final report filed before the learned Judicial Magistrate-II, Hosur and the same was taken on file in CC.No.23 of 2023.

4. However, the learned counsel for the petitioners submitted that the charge sheet has been filed despite the matter was under consideration and the learned counsel would about to produce the earlier orders passed in this case by some other Bench. The second respondent has played fraud upon the Court by suppressing certain material facts and earlier court Page No.2 of 4

proceedings.

5.Since the charge sheet has already been filed in this case, nothing survives for further adjudication in this petition; the petitioner is at liberty to file a fresh criminal original petition to quash the charge sheet if he is so advised.

In the result, the Criminal Original Petition is dismissed as Infructuous. Consequently, connected miscellaneous petition is closed. 01.03.2023 Index: Yes/No jrs To:

1.The Inspector of Police, Mathigiri Police Station, Hosur Taluka, Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

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R.N.MANJULA, J., jrs Crl.O.P.No.7108 of 2021 and Crl.MP.No. 4723 of 2021 01.03.2023 Page No.4 of 4