Sakkubai v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN CRL.OP.No.10461 of 2024 and CMP.No.7148 of 2024 1.Sakkubai

2. N. Ramkumar ... Petitioners Vs.

1.State Rep by Inspector of Police, Thiruthuraipundi Police Station, Thiruvarur.

2. Subramanian ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records of the FIR in Cr.No.34 of 2020 on the file of the 1st respondent and quash the same. For Petitioners : Mr.R.Krishnamurthy For Respondents : Mr.K.M.D.Muhilan for R1 Government Advocate (Crl.Side)

O R D E R

This Petition is filed to quash the FIR in Cr.No.34 of 2020 pending investigation by the first respondent. 1/4

2. The learned counsel for the petitioners states that it appears that the civil dispute has given a criminal colour and contrary to the guidelines of the Hon'ble Supreme Court, the police has taken up the investigation.

3. The learned Government Advocate (Crl.Side), per contra, states that since there was a prima facie material to investigate the cognizable offences, FIR was registered and on completion of investigation, final report filed on 29.04.2024 for the alleged offences punishable under Sections 447, 294 (b) and 506 (2) of IPC.

4. In the light of the fact that the police has completed the investigation and being satisfied that there is a material to proceed with the accused, without adverting to the merits of the petition, this Criminal Original Petition is disposed of with liberty to the petitioner to canvass the point of defence before the trial court. Consequently, connected miscellaneous petition is closed.

04.06.2024 Index : Yes/No Speaking/Non speaking gv To 2/4

1.The Inspector of Police, Thiruthuraipundi Police Station, Thiruvarur.

(Cr.No.34 of 2020 )

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

3/4

Dr.G.JAYACHANDRAN,J.

Gv CRL.OP.No.10461 of 2024 and CMP.No.7148 of 2024 04.06.2024 4/4