Madras High CourtCRL OP/11260/2013closed

Rev.David Cornelius v. The Inspector Of Police

2015-04-22Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.11260 of 2013 and M.P.No.1 of 2013 1.Rev.David Cornelius 2.Rev.William Yesurathinam 3.Wincer Pramakaran 4.E.David Manoharan 5.A.Baskar .. Petitioners Vs 1.The state rep. by its Inspector of Police, District Crime Branch, Vellore District.

2.Rajan Albert .. Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records in connection with Crime No.4 of 2013 on the file of the respondent police and quash the same as against the petitioners. For Petitioners : Mr.R.Dhineshkumar For R1 : Mr.C.Emalias, Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed praying to call for the records in connection with Crime No.4 of 2013 on the file of the respondent police and quash the same as against the petitioners.

2. Heard Mr.R.Dhineshkumar, learned counsel for the petitioners and Mr.C.Emalias, learned Additional Public Prosecutor appearing for the 1st respondent.

3. It is seen that one of the members of the Church aggrieved over the activities of the committee members of the Church, filed a private complaint which was preferred under Section 406, 420, 465, 120[b] read with 34 IPC to the respondent police, based on which, the impugned First Information Report was registered.

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4. On a reading of the complaint, it discloses that the complainant had made certain allegations which has to be enquired into. The learned counsel for the petitioner submits that the complaint is a vexatious complaint and deliberately given by the complainant with malafide motive.

5. This Court directs the respondent police to expeditiously conduct the enquiry and during the course of enquiry, if it is seen that the allegations are baseless, the respondent police shall close the complaint, in accordance with law.

6. With the above direction, this Criminal Original Petition is closed. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gya To 1.The Inspector of Police, District Crime Branch, Vellore District.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr. R.Dhinesh Kumar,Advocate, SR.No.2197 CRL.OP.No.11260 of 2013 mp(co) pmk.23.4.2015 https://hcservices.ecourts.gov.in/hcservices/