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Madras High CourtCRL OP/25589/2016closed

Vikaramani, S/O.Ariyappan,M/46 v. Inspector Of Police

2016-11-25Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.25589 of 2016 and Crl.M.P.Nos. 12473 & 12474 of 2016 Vikaramani .. Petitioner Vs

1. The Inspector of Police Town Police Station Krishnagiri Taluk District.

2. Ravichandran .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for records pertaining to the case in Crime No.204/2016 dated 29.02.2016 pending on the file of the first respondent and quash the same and pass further orders. For Petitioner : Ms. Selvi George For R1 : Mr.C.Emalias, Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.204/2016 dated 29.02.2016 pending on the file of the first respondent.

2. On the complaint lodged by the second respondent Ravichandran, the respondent police have registered a case in Crime No. 204/2016 on 29.02.2016 for the offences under Section 447 of IPC and Section 3 of TNPPD Act, against the petitioner Vikiramani, who is before this Court.

3. Heard Ms. Selvi George, learned counsel appearing for the petitioner and Mr. C. Emalias, learned Additional Public Prosecutor appearing for the first respondent police.

4. On a reading of the FIR, it is alleged by Ravichandran that he is running a cinema theatre and is having some partnership dispute with Vikiramani and the same is pending before various courts. Whileso, it is alleged by Ravichandran that on 27.02.2016 around 12 in the midnight, after the second show was over, Vikiramani has damaged the compound wall of the cinema theatre and hence the F.I.R was filed.

5. Ms. Selvi George, learned counsel for the petitioner submits that Vikiramani is totally innocent and it is only a concocted story against Vikiramani. Admittedly, there is a civil suit pending before the District Munsif Court, Krishnagiri and it is contended that a false case has been foisted against the petitioner.

6. However, when there is prima facie material, this Court cannot quash the case. Therefore, the Deputy Superintendent of Police, Hosur is directed to show special attention to monitor the investigation, in Crime No.204 of 2016. If it is found that the allegation is false, it is needless to state, the prosecution may be closed. The police shall not harass the petitioner under the guise of conducting investigation, since the petitioner has already been released on anticipatory bail. As and when required, the petitioner may be called for investigation, on issuance of summons.

With the above observations, this Criminal Original Petition stands closed. Connected Crl.M.Ps are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar avr To The Inspector of Police Town Police Station Krishnagiri Taluk District.

The Public Prosecutor High Court of Madras Chennai - 600 104 +1cc to Mr.Selvi George, Advocate, S.R.No.69292 rd(CO) md(30/12/2016) Crl.O.P. No.25589 of 2016 and Crl.M.P.Nos. 12473 & 12474 of 2016