Chandreppa, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.1750 of 2018 and Crl.MP.No.676 of 2018 Chandreppa

...Petitioner

.Vs.

1.The State, Rep.by its Inspector of Police, Hosur Taluk, Krishnagiri District.

Crime No.337/2017.

2.Sasikumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records on the file of the 1st respondent in FIR No.337 of 2017, dated 13.11.2017 and quash the same as illegal, unconstitutional without jurisdiction and gross abuse of process of law. For Petitioners : Mr.V.Raghavachari For Respondent : Mr.C.Raghavan Government Advocate For R 1 No Appearance for R 2

O R D E R

This criminal original petition has been filed to quash the FIR in Crime No.337 of 2017, pending investigation on the file of the 1st respondent Police.

2.Heard Mr.V.Raghavachari, learned counsel for petitioner, Mr.C.Raghavan, learned Government Advocate for 1st respondent and there is appearance for the 2nd respondent. 3.The complaint was given by the 2nd respondent who was working as a Poojari in the Arulmigu Kodandaramaswami https://hcservices.ecourts.gov.in/hcservices/

Temple. A reading of FIR shows that the 2nd respondent was working as a Poojari and he was taking treatment for his ailment at Karnataka and when he came back on 07.11.2017, he was informed that the lock has been broken and the Keys have been handed over to the petitioner and nobody is permitted to enter the Temple.

4.It is seen from records that the 2nd respondent who was working as a Poojari in the Temple was removed by the HR&CE Department and the petitioner was handed over the charge. The FIR has been registered for an offence under Section 454 and 380 of IPC. The allegations made in the complaint even it is taken as it does not constitute any offence and the complaint itself is an abuse of process of law which requires the interference of this Court.

5.In the result, the FIR in Crime No.337 of 2017, on the file of the 1st respondent is hereby quashed and this criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police, Hosur Taluk, Krishnagiri District.

2.Additional Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Raghavachari, Advocate Sr.2971 CRL.O.P.No.1750 of 2018 um[co] srg 11/02/2021 https://hcservices.ecourts.gov.in/hcservices/