G.Sudeesh v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN CRL.OP.No.14882 of 2024 and CRL.MP.Nos.9112 & 9113 of 2024 1.G. Sudeesh

2. Bhuvaneshwari ... Petitioners Vs.

1. The Inspector of Police, H-8, Thiruvottiyur Police Station, Thiruvottiyur, Chennai 600 019.

2. B. Ramanujam ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.51 of 2024 pending on the file of the Judicial Magistrate Court, Thiruvottiyur and quash the same.

For Petitioners : Mr.A.Raj Prince For Respondents : Mr.S.Udayakumar for R1 Government Advocate (Crl.Side)

O R D E R

Petition is filed to quash the C.C.No.51 of 2024 on the ground that the complainant team is aggressive, whereas the police had not properly investigated the case and closed the complaint given by the petitioner. 1/4

Whereas the complaint given by the respondent against these petitioners was taken up for investigation and filed final report and taken cognizance by this court in C.C.No.51 of 2024.

2. Learned counsel for the petitioner submitted that the case and counter not properly investigated and therefore, the benefit extended to the defacto complainant in CC.No.51 of 2024 ought to have been extended to the petitioner also.

3. Learned Government Advocate (Crl.Side) appearing for the first respondent submitted that the complaint given by the petitioner to the police, which was earlier closed as mistake of fact, has been registered in view of protest petition filed by the petitioner herein and allowed by the Judicial Magistrate. The said complaint of the petitioner herein is under investigation and appropriate action will be taken on the complaint after investigation. It appears to be a case and counter in connection with the same occurrence. The Investigating Officer, who presently investigated the complaint of the petitioner shall, on completion of the investigation, take decision in accordance with law, for joint trial or simultaneous trial, if necessary, in these two cases.

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4. The trial Court, shall dispose of the case, as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed. 26.06.2024 Index: Yes/No Speaking/Non-speaking order gv To

1. The Judicial Magistrate Court, Thiruvottiyur

2. The Inspector of Police, H-8, Thiruvottiyur Police Station, Thiruvottiyur, Chennai 600 019.

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

Dr.G.JAYACHANDRAN,J.

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gv CRL.OP.No.14882 of 2024 and CRL.MP.Nos.9112 & 9113 of 2024 26.06.2024 4/4