A.Boologam v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.11929 & 11930 of 2024 1.A.Boologam 2.Rajeshkumar 3.Mageswari 4.D.Manojkumar ... Petitioners Vs.

1.The State Rep.by The Sub Inspector of Police, G2, Uthiramerur Police Station, Kancheepuram District FIR No.62/2023 2.Vasanthi ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, pleased to call for the records relating to C.C.No.110 of 2023 pending on the file of the learned District Munsif cum Judicial Magistrate, Uthiramerur and quash the same.

For Petitioners : Ms.A.M.Amutha Ganesh For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) For R2 : Mr.M.Mathan Raj

O R D E R

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This Criminal Original Petition is filed to quash the C.C.No.110 of 2023 on the file of the District Munsif cum Judicial Magistrate, Uthiramerur on the ground that the petitioners are the real victims and the defacto complainant is the aggressor.

2.

The complaint of the defacto complainant in Crime No.62 of 2023 leading to filing of final report and the counter complaint against the defacto complainant and others filed in Crime No.61 of 2023 not been properly investigated. Without any whisper about the counter complaint, final report filed in Crime No.62 of 2023 leading to take cognizance in C.C.No.110 of 2023.

3.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that both the cases were investigated by two different Investigating Officers and final report taken cognizance in C.C.Nos.97 and 110 of 2023 respectively and the matter is pending before the same Judicial Officers.

4.

The learned counsels for the respective parties submit that 2/4

the accused in Crime No.61 of 2023 are the real aggressors, but the fact remains that in both final reports, there is no reference about the counter case and both the cases been investigated by two different Investigating Officer, which is contrary to Police Standing Order 566. Hence it is appropriate to quash both the final reports in C.C.No.97 of 2023 as well as C.C.No.110 of 2023. The Superintendent of Police is directed to entrust the investigation of both the complaints to one Investigating Officer and he shall complete the investigation and file final report following the dictum laid in Full Bench of this Court in Balaji Vs. State of Tamil Nadu.

5.

With the above said observation, this Criminal Original Petition is disposed of. Consequently, the connected Criminal Miscellaneous Petition are closed.

22.10.2024 rpl To

1. The District Munsif cum Judicial Magistrate, Uthiramerur Dr.G.JAYACHANDRAN,J.

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2.The Sub Inspector of Police, G2, Uthiramerur Police Station, Kancheepuram District 3.The Public Prosecutor, High Court of Madras, Chennai.

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