V.Dheenadhayalan, M/61 v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2016
CORAM:
THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.25315 of 2016 & Crl.M.P. No.12280 of 2016 V. Dheenadhayalan ..Petitioner Vs.
The Inspector of Police Central Crime Branch - EDF - 3 Office of the Commissioner of Police Vepery Chennai T.K.S. Pugazhenthi ..Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records and quash the Crime No.141 of 2015 on the file of the Central Crime Branch, EDF-3, Chennai.
For petitioner Mr. P. Sesubalan Raja For R1 Mr. C. Emalias Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking to call for the records and quash the Crime No.141 of 2015 on the file of the Central Crime Branch, EDF-3, Chennai. On the complaint lodged by one Pugazhenthi, the second respondent herein, the first respondent police registered a case in Crime No.141 of 2015 on 26.10.2015 under Sections 406 and 420 IPC against Venkatachalapathy, Dheenadayalan and certain others, challenging which, Deenadhayalan is before this Court.
Heard Mr.Sesubalan Raja, learned counsel for Deenadhayalan and Mr. C. Emalias, learned Additional Public Prosecutor for the first respondent State.
On a reading of the FIR, it is seen that Pughazhendi (de facto complainant) has entered into a sale agreement with the opposite parties for the purchase of certain lands and that he had also paid some advance amount to various persons https://hcservices.ecourts.gov.in/hcservices/
who had share in the land. Now, it is contended by Pugazhenthi that they are not coming forward for registering the document.
On a reading of the complaint of Pugazhenthi, it is seen that he has not stated the date on which, he had entered into the sale agreement. That apart, he has not given any particulars as to when he paid various amounts. Thus, the case, prima facie appears to be a civil case, which, Pugazhenthi wants to give a criminal colour.
The learned counsel for the petitioner submitted that Dheenadayalan has been released on anticipatory bail. In view of the above, there is no imminent threat of arrest for Dheenadayalan. Under such circumstances, the first respondent police is directed to conduct a thorough investigation and if it is found that it is purely a civil dispute, it is needless to state that the FIR should be closed.
With the above direction, this Criminal Original Petition is closed. Connected Crl.M.P.is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar cad To The Inspector of Police Central Crime Branch - EDF - 3 Office of the Commissioner of Police Vepery Chennai The Public Prosecutor High Court of Madras Chennai 600 104 Crl.O.P. No.25315 of 2016 NR1(CO) EU 16.12.16 https://hcservices.ecourts.gov.in/hcservices/