D.Devasigamani v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021 CORAM :

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.17874 of 2021 D.Devasigamani

...Petitioner

Versus

1.The Inspector of Police, K-10, Koyambedu Police Station, Koyambedu, Chennai.

2.X.Stanis Anthony Jelestin Raja

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for records and quash the proceedings in Crime No.1047 of 2021 on the file of the 1st respondent pending before the V Metropolitan Magistrate Court, Egmore.

For Petitioner :

Mr.M.Antony Jesurajan For R1 :

Mr.A.Damodaran, Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records and quash the proceedings in Crime No.1047 of 2021 on the file of the 1st respondent pending before the V Metropolitan Magistrate Court, Egmore.

2.The contention of the petitioner is that he is no way connected with this case and he neither created nor signed any document, since entire documents are only with the A1 and A2. Earlier, the de-facto complainant lodged a complaint. Finding that the petitioner has got no role in the sale agreement, no https://hcservices.ecourts.gov.in/hcservices/

action has been taken. Thereafter, the de-facto complainant had lodged a complaint under Section 156(3) of Cr.P.C. and now F.I.R. has been registered. Using the F.I.R., the petitioner has been forced to settle the dispute with the de-facto complainant. The petitioner has got nothing to do with A1 & A2. 3.On the contrary, the learned Additional Public Prosecutor appearing for the first respondent submitted that the said property belongs to Pachaiyappas' College Trust. During investigation, it is revealed that the A1 and A2 have got no knowledge about the expertize of the property and it is only the active role played by this petitioner and that the entire documents have been created. He further submitted that if the contention of the petitioner is found to be true during the investigation, the petitioner's name would be deleted.

As the investigation is going on, only on the completion of the investigation, the petitioner's role will be revealed. 4.Finding that the investigation is still in progress, this petition cannot be entertained. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS-VI) // True Copy // Sub Assistant Registrar mpl/vga To 1.The Inspector of Police, K-10, Koyambedu Police Station, Koyambedu, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Antony Jesurajan, Advocate SR.No.52227 CRL.O.P.No.17874 of 2021 GJ(CO) RVM(25/10/2021) https://hcservices.ecourts.gov.in/hcservices/