Madras High CourtCRL OP/8490/2024dismissed

K.V. Ayyappan v. Sub Inspector Of Police

2024-04-10Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.MP.No.6196 of 2024

1. K.V.Ayyappan

2. V.Muhammed Ashraf ... Petitioners Vs.

1. Sub Inspector of Police, City Crime Branch-II, Commissioner of Police, Coimbatore-641 018.

Cr.No.14 of 2024

2. The Assistant Commissioner of Police, City Crime Branch-II, Commissioner Office, Coimbatore-641 018. ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records relating to F.I.R.No.14 of 2024 dated 02.03.2024 pending on the file of the first respondent, quash the same.

For Petitioners : Mr.T.Arul For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein is before this Court to quash the complaint registered in Cr.No.14 of 2024 dated 02.03.2024 alleging that the incident which took place in the year 2004. The present complaint been filed as if they are fraudulently sold the property of the Coimbatore Press Club.

2. The learned Government Advocate (Crl.Side) states that the investigation in the complaint is at nascent stage. So far the allegations indicates that the petitioners herein as power agent of one Gowtham claiming himself as President of the Coimbatore Press Club had executed sale deeds in respect of two shops owned by the Club and it appears that the said Gowtham who had executed the sale deed was not the President at the relevant point of time.

3. Since the complaint has been registered a month ago and the investigation is at nascent stage, the Court cannot jump to any conclusion whether there is any element of criminality available or not in the complaint. The respondent police has to investigate and then arrive at 2/4

conclusion whether to proceed against the petitioner herein or not. Therefore, this Criminal Original petition is dismissed as prematured. Vv 10.04.2024 To

1. The Sub Inspector of Police, City Crime Branch-II, Commissioner of Police, Coimbatore-641 018.

2. The Assistant Commissioner of Police, City Crime Branch-II, Commissioner Office, Coimbatore-641 018.

3. The Public Prosecutor, High Court of Madras, Chennai.

3/4

Dr.G.JAYACHANDRAN,J.

Vv and Crl.MP.No.6196 of 2024 10.04.2024 4/4