Mr. Kalyanasundaram v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.20317 of 2015 Kalyanasundaram .. Petitioner/(1st Accused) Vs 1.The State rep by Sub Inspector of Police Team-V Central Crime Branch, Egmore Chennai (now at Veppery) (Crime No.156 of 2012) 2.Ramanathan .. Respondents/Complainant & Defacto Complainant) Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records relating to Crime No.156 of 2013 from the file of the first respondent and quash the FIR. For Petitioner :

Mr.S.Jaganathan For R1 : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This petition has been filed to call for the entire records relating to Crime No.156 of 2013 from the file of the first respondent and quash the FIR.

2. It is seen that this petitioner was inducted as a tenant by the defacto complainant and when he refused to vacate, proceedings under the Rent Control Act were initiated and they were pending. While so, to thwart the proceedings, the petitioner put up an Advocate Board, though the petitioner is not one. This did cause fear in the mind of the defacto complainant and therefore, she had filed a private complaint under Section 156(3) Cr.P.C. before the learned Magistrate, based on which a case in Cr.No.156 of 22013 was registered against the petitioner.

3. Now the petitioner has come forward for quashing the FIR on the ground that, he has surrendered possession and had entered into a compromise with the defacto complainant. This Court would normally entertain an application for quashing, if the parties had https://hcservices.ecourts.gov.in/hcservices/

arrived at a settlement. However, this Court is making a departure in this case, inasmuch as this petitioner not being an Advocate has posed himself as one, thereby threatening the defacto complainant who is an Auditor working in Mumbai.

Taking into consideration the nature of the allegations against this petitioner, this is not a fit case to quash the FIR. Accordingly, this petition stands dismissed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gms To 1.The Sub Inspector of Police Team-V,Central Crime Branch, Egmore Chennai (now at Veppery) 2.The Public Prosecutor, High Court, Madras.

Crl.OP No.20317 of 2015 KSJ(CO) EU 23.09.15 https://hcservices.ecourts.gov.in/hcservices/