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Madras High CourtCRL OP/14646/2024disposed of

Babu v. Home, Prohibition And Excise Department

2024-06-24Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.MP.No.8947 of 2024 Babu ... Petitioner Vs.

1. The Inspector of Police, K10, Koyambedu Police Station, Chennai-600 107.

2. Sivaganesh ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the record of the FIR in Cr.No.120 of 2020 on the file of the 1st respondent and quash the same. For Petitioner : Mr.S.P.Sudalaiyandi For Respondents : Mr.K.M.D.Muhilan Government Advocate

O R D E R

This Criminal Original Petition is filed to quash the FIR pending on 1/4

the file of the first respondent police since 07.03.2020 on the complaint given by one Siva Ganesh, case registered against this petitioner for the offence under Sections 406, 420 and 506(i) IPC.

2. The learned counsel for the petitioner submits that it is purely a civil dispute, earlier the wife of the complainant filed rent control proceedings for eviction, but allowed the petition to get dismiss for default suppressing the fact the complaint has given as if the petitioner has trespassed into the land by cheating and threatened with dire consequences.

3. The learned Government Advocate (Crl.Side) submits that the complainant as well as the petitioner not cooperated for completing the investigation and therefore, the respondent police has not able to proceed further on the complaint. In any event, taking note of the materials submitted by the complainant as well as the accused persons,appropriate decision will be taken by the Investigating Officer by following the guidelines issued by the Hon'ble Supreme Court for dealing disputes connected with properties within a period of one month. 2/4

4. With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed.

24.06.2024 Vv To

1. The Inspector of Police, K10, Koyambedu Police Station, Chennai-600 107.

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

3/4

Dr.G.JAYACHANDRAN,J.

Vv 24.06.2024 4/4