A.V. Ravichandiran @ Ayyappan v. The State Rep. By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28133 of 2015 and M.P.No.1 of 2015 1.A.V.Ravichandiran @ Ayyappan 2.A.V.Ramakrishnan ... Petitioners/A6, 7 Vs

1. The State, Rep. by The Inspector of Police, District Crime Branch, Villupuram, Villupuram District. ...1st Respondent/Complainant

2. P.Paramasivam ...2nd Respondent/Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pending on the file of the first respondent police namely, Inspector of Police, District Crime Branch, Villupuram, Villupuram District in Crime No.20 of 2014 and to quash the criminal proceeding.

For Petitioners :

Mr.E.Kannadasan For 1st respondent :

Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed to quash the F.I.R. in Crime No.20 of 2014 on the file of the 1st respondent police.

2. The petitioners are arrayed as A6 and A7 in respect of the complaint lodged by the second respondent one P.Paramasivam and the same was registered in Crime No.20 of 2014 for the alleged offences under sections 420,465,468,109 and 506(ii) IPC. https://hcservices.ecourts.gov.in/hcservices/

3. Learned counsel for the petitioner submitted that the allegation in the complaint is with regard to the civil dispute between the petitioners and the defacto complaint. Since the case is civil in nature, the petitioners have sought to quash the F.I.R. in Crime No.20 of 2014.

4. Learned Additional Public Prosecutor opposed to quashing of F.I.R. stating that there are specific allegations of cheating as against these petitioners. He further submitted that now, almost the investigation is completed and the charge sheet is ready and within a short span of time, the respondent police would file the charge sheet before the concerned Court.

5. Considering the facts and circumstances of the case, this Court is of the considered opinion that since the matter is in FIR stage, this petition is premature in nature. Therefore, I am not inclined to entertain this petition. Hence, the criminal original petition stands dismissed. However, the petitioners are at liberty to approach this Court after filing of the charge sheet. Consequently, M.P.1 of 2015 is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vsi To

1. The Inspector of Police, District Crime Branch, Villupuram, Villupuram District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.63178 Crl.O.P.No.28133 of 2015 SV(CO) CA(11/12/2015) https://hcservices.ecourts.gov.in/hcservices/