Amuthanesan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.4467, 4468, 4693 & 4694 of 2024 1.Amuthanesan 2.Arun Kumar @ Selvaraj ... Petitioners in both Crl.OPs Vs.

1.The State Rep.by The Inspector of Police, G7-Chetpet Police Station, Chetpet, Chennai-31 Crime Nos.276 & 171 of 2021 2.Akila ... Respondents in both Crl.OPs Common Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records pertaining to the case in C.C.Nos.5705 & 5747 of 2023 on the file of the learned II Metropolitan Magistrate, Egmore and quash the same. For Petitioners : Mr.Abudukumar Rajarathinam, Sr.C (both cases) for Ms. Kavitha Deenadayalan For R1 (both cases) : Mr.S.Udayakumar Government Advocate (Crl.Side) For R2(both cases) : Mr.R.Yashod Vardhan, Sr.C for Mr.R.Sunil Kumar 1/4

COMMON ORDER These Criminal Original Petitions are filed to quash the C.C.No.5706 & 5747 of 2023 on the file of the II Metropolitan Magistrate, Egmore.

2.

It is the dispute between brothers and sister. The civil dispute in connection with property left by the parents has now turned into criminal case. The present petition is filed by the accused person to quash the proceedings stating that no commission of cognizable offence is made out in the complaint or material related to the prosecution. 3.

The learned counsel appearing for the respondent /complainant states that the statements of witnesses disclosed cognizable offence.

4.

Without adverting the merits of the rival submissions, this Court is of the view that the trial Court shall look into the evidence and decide the matter at the earliest by conducting the trial preferably on day to day basis.

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5.

With this observation, these Criminal Original Petitions are disposed of with direction to the trial Court to complete the trial within a period of four months from the date of receipt of a copy of this order. Consequently, the connected Criminal Miscellaneous Petitions are closed. The personal appearance of the accused persons may be dispensed with on appropriate application.

16.07.2024 Index : Yes/No rpl To 1.The II Metropolitan Magistrate, Egmore, Chennai 2.The Inspector of Police, G7-Chetpet Police Station, Chetpet, Chennai-31 3.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

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