Madras High CourtCRL OP/14771/2024disposed of

S.Sivakumar v. Home, Prohibition And Excise Department

2024-06-25Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2024

CORAM

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Crl.O.P.No.14771 of 2024 and Crl.M.P.No.9033 of 2024

1. S. Sivakumar

2. S. Revathi

3. R. Mohankumar .... Petitioners

Versus

1. The State Rep. by The Inspector of Police, Kovilpalayam, Coimbatore.

2. Ramasamy .... Respondents Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the impugned FIR in Crime No.14 of 2024 on the file of the first respondent and quash the same. For Petitioners : Mr.C.Jayapal For 1st Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) - - - - - -1-

ORDER

The present Criminal Original Petition is filed to quash the F.I.R. registered in Crime No.199 of 2024 pending against the petitioner and others for the offences under Section 294(b), 323 and 506(2) of I.P.C.

2. The learned counsel for the petitioners submitted that the quarrel erupted between the petitioners and the defacto complainant during cleaning the bushes on the common pathway and the quarrel erupted is leading to a false complaint by the second respondent. Hence, the F.I.R is liable to be quashed.

3. The learned Government Advocate (Crl.Side) stated that there is a counter complaint by this petitioner against the second respondent and the same was registered in Crime No.198 of 2024 and the matter being a case and case-in-counter arising out of the same incident and the investigation has been completed in accordance with law as clarified by this Court. He also submitted that the guidelines enunciated under 566A of the Police Standing Order will be scrupulously followed and a final report will -2-

be filed in accordance with law based on the information collected during the course of investigation.

4. Recording the submissions made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is disposed of and the respondent police is directed to complete the investigation in both F.I.Rs. in Crime Nos.198 of 2024 and 199 of 2024 and file a final report within a period of two months from the date of receipt of a copy of this order. 25.06.2024 asi To

1. The Inspector of Police, Kovilpalayam, Coimbatore.

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

-3-

DR.G. JAYACHANDRAN, J.

asi Crl.O.P.No.14771 of 2024 and Crl.M.P.No.9033 of 2024 25.06.2024 -4-