Bidyut Kumar Behera v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN 1.Bidyut Kumar Behera 2.Prachee Priyanka ... Petitioners Vs.

1.State Rep.by The Inspector of Police, Bagalur Police Station, Hosur 2.Sathish Kumar ...

Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, pleased to call for the records pertaining to C.C.No.7 of 2024 on the file of the District Munsif cum Judicial Magistrate No.I Court, Hosur and quash the same.

For Petitioners : Mr.Manikandan For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to quash the final report of the investigation in Crime No.209 of 2023, which has been taken on file by the District Munsif cum Judicial Magistrate Ni.I, Hosur in C.C.No.7 of 2024.

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2.

The petitioner claims that a civil dispute been given criminal colour and no offence under Sections 147, 294(b), 427 & 506(i) IPC is made out. Further, on reading of the statement of the witnesses, it is apparent that the petitioner herein has purchased the flat from the defacto complainant and their grievance is regarding non production of the amenities to the flats. Therefore, when the defacto complainant try to sell the remaining 10 flats by placing advertisement board, quarrel has been erupted between the 2nd respondent and others. Hence the police has registered a case in Crime No.209 of 2023 for offence under Sections 147, 294(b), 427 & 506(i) IPC and proceeded.

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Since the investigation has disclosed the commission of cognizable offence by this petitioner, this Criminal Original Petition to quash the final report stands dismissed as devoid of merit. 02.09.2024 Index : Yes/No rpl To 2/4

1.The District Munsif cum Judicial Magistrate No.I Court, Hosur 2.The Inspector of Police, Bagalur Police Station, Hosur 3.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

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