A.Varatharajan v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.17834 of 2015 and MP.No.1 of 2015 A.Varatharajan ... Petitioner/Accused.

Vs 1.The State rep by its The Sub Inspector of Police, District Crime Branch [Land Grabbing Cell] Kancheepuram.

... Respondent/Complianant.

2.Delli Durai ... Respondents/Defacto Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records pertaining to Crime No.95 of 2012 dated 21.11.2012 on the file of the 1st respondent Police and quash the same.

For Petitioner : Mr.E.C.Ramesh For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This petition has been filed to quash the proceedings in Crime No.95 of 2012 dated 21.11.2012 on the file of the 1st respondent Police.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for respondents and perused the materials placed on record.

3. This petition has been filed by A11 for quashing the FIR in Crime No.95 of 2012 on the ground that the petitioner is the innocent purchaser and he has been falsely implicated in this case.

4. Learned Additional Public Prosecutor submits that investigation in this case almost completed and Final Report is ready.

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5. Under such circumstances, this Court directs the Investigating Officer to examine threadbare the culpability of this petitioner and if he is found to be innocent, he should not be included in the Final Report. The respondent is directed to complete his exercise within a period of four weeks and file a report before the concerned Magistrate. In the event that this petitioner is made an accused, liberty is given to the petitioner to approach this Court challenging the Final Report, if there are no materials against him.

6. It is represented by the learned counsel for the petitioner that this accused has even reconveyed the property in question to the de facto complainant.

7. The Investigating Officer is directed to take into consideration all these aspects and if the petitioner is found to be innocent, he shall not be included in the Final Report. With the above direction, this petition is closed. gya s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Sub Inspector of Police, District Crime Branch [Land Grabbing Cell] Kancheepuram.

2.The Public Prosecutor, High Court, Madras.

vgi(co) prk3/8 CRL.OP.No.17834 of 2015 https://hcservices.ecourts.gov.in/hcservices/