D.Suresh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2024 CORAM :

THE HON'BLE DR. JUSTICE G. JAYACHANDRAN Crl.O.P. No.20047 of 2024 and Crl.M.P. No.11640 of 2024 D. Suresh Petitioner vs.

The State represented by the Inspector of Police Maraimalainagar Police Station Chengalpattu Taluk & District (Cr. No.944 of 2017) Shrithar Respondents Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to call for the records in C.C. No.664 of 2019 on the file of the Judicial Magistrate Court No.II, Chengalpattu and quash the same.

For petitioner Mr. A. Ramalingam For R1 Mr. S. Udayakumar Govt. Advocate (Crl. Side)

ORDER

This criminal original petition has been filed seeking quashment of the case in C.C. No.664 of 2019 on the file of the Judicial Magistrate No.II, Chengalpattu, on the ground that the first respondent police, without proper investigation regarding the actual aggressor, has registered two

FIRs, one in Cr.No.943 of 2017 and another in Cr. No.944 of 2017 for the same transaction and also filed two final reports, one taken on file as C.C.No.614 of 2019 and another as C.C. No.664 of 2019 by the Judicial Magistrate Court No.II, Chengalpattu.

2.

The learned counsel for the petitioner submitted that when there is a complaint and a counter complaint for the same transaction, the Investigating Officer ought to have investigated the matter properly and should have identified the actual aggressor and proceeded only against him. But, in the instant case, he has mechanically registered two FIRs and filed two final reports without proper investigation. Hence, this criminal original petition seeking the aforesaid relief. 3.

This Court, after going through the records, is of the opinion that the Investigating Officer, on investigation, has found that both the complainant and the counter complainant are aggressors and has hence filed two separate final reports before the Judicial Magistrate Court No.II, Chengalpattu and the same have been taken cognizance in C.C.Nos.614 and 664 of 2019.

4.

The Judicial Magistrate, Chengalpattu, is directed to follow the dictum laid down by the Full Bench of this Court in T. Balaji and others vs. State [2024 Live Law (Mad) 309] and proceed with the trial of the cases.

With the above direction, this criminal original petition is disposed of. Connected Crl.M.P. stands closed.

21.08.2024 cad To The Inspector of Police Maraimalainagar Police Station Chengalpattu Taluk & District The Public Prosecutor Madras High Court Chennai 600 104

DR. G. JAYACHANDRAN, J.

cad 21.08.2024