S.Rajamani, S/O.Kullu Gounder v. The State Of Tamil Nadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2020

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Criminal Original Petition No.20413 of 2014 1.S.Rajamani, 2.S.Natarajan, 3.S.Kannan, 4.Jeyammal.

... Petitioners/Accused 1 to 4 -vs1.The State of Tamilnadu, Rep. by the Inspector of Police, CCB Anti Land Grabbing Special Cell, Salem City, Salem.

2. Sakthivel.

...Respondents/Complainant and

Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in respect of F.I.R., in Crime No.6 of 2014, on the file of the Anti Land Grabbing Special Cell, Salem City, Salem and quash the same against the petitioners herein.

For Petitioners : Mr.P.Mathivanan For Respondents : Mr.R.Ravichandran for R1 Government Advocate (Crl.side) Mr.R.Chithraputhiran for R2.

O R D E R

The first respondent filed a case as against the petitioners in Crime No.6 of 2014, based on the complaint given by the second respondent. The petitioners herein were shown as accused in that complaint. Pending investigation, the petitioners have filed the present petition invoking Section 482 Cr.P.C., to quash the F.I.R., in Crime No.6 of 2014. 2.The learned counsel for the petitioners would submit that the dispute between the petitioners and the second respondent/defacto complainant is civil in nature and civil suits are also pending before the competent court. Since the dispute is civil nature, the investigation need not be go on and https://hcservices.ecourts.gov.in/hcservices/

the F.I.R., registered as against these petitioners is liable to be quashed.

3.The learned Government Advocate (Crl.side) would submit that there are specific allegations as against these petitioners and the investigation is at the final stage. Therefore, the petition may be dismissed.

4.Heard and perused the records.

5.On careful reading of the F.I.R., it reveals certain allegations as against these petitioners. Under such circumstances, this Court is not inclined to invoke its jurisdiction under Section 482 Cr.P.C., to quash the F.I.R. 6.Accordingly, this Criminal Original Petition is dismissed. The first respondent Police is directed to complete the investigation within a period of four months and to file a final report before the concerned Judicial Magistrate. Connected miscellaneous petition is also closed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar rm To 1.The Inspector of Police, CCB Anti Land Grabbing Special Cell, Salem City, Salem.

2.The Public Prosecutor, High Court, Madras.

3.The Judicial Magistrate Salem +1 CC to Mr.P.Mathivanan, Advocate sr 9950.

Crl.O.P. No.20413 of 2014 NMI(CO) SP(05/03/2020) https://hcservices.ecourts.gov.in/hcservices/