Periyasamy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18809 of 2023 and Crl.M.P.No.12602 of 2023 1.Periyasamy 2.Arul 3.Palanisamy

...Petitioner

vs.

1.The State rep by The Inspector of Police, Vennandur Police Station, Namakkal, Crime No.59 of 2023 2.Geethamani

...Respondent

PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to FIR in Crime No.59 of 2023 on the file of the Inspector of Police, Vennandur Police Station, Namakkal District and to quash the same and to allow the above criminal original petition. For Petitioners : Mr.C.Prabakaran For Respondent : Mr.A.Damodaran, Additional Public Prosecutor for R1 Page No.1/4

ORDER

This criminal original petition has been filed to quash the FIR registered in crime No.59 of 2023 pending on the file of the first respondent.

2. Heard the learned counsel for the petitioner and the respondent and also perused the materials available on record.

3. The second respondent has given a complaint to the first respondent to the effect that they are in-charge and in management of the temple and the accused persons have demolished the statues of the deity and based on this complaint, FIR was registered in crime No.59 of 2023 for offence under Section 427 of IPC.

4. The specific case of the petitioner is that the temple is being maintained by the villagers for more than 75 years and at no point of time, the HR&CE had managed the temple. The village people along with the petitioners had decided to renovate the temple out of their own funds and the renovation work started. According to the petitioners, they did not cause any damages to the statues and the entire case is arising due to one Shanmugam, who is attempting to stop the renovation of the temple. The petitioners have also given Page No.2/4

a representation in this regard to the respondent police.

5. Taking into consideration of the peculiar facts and circumstances of the case, there shall be a direction to the first respondent to take into consideration the stand taken by the petitioner also, in the course of investigation. The final report shall be filed within a period of 2 months from the date of receipt of copy of this order.

6. This criminal original petition is disposed of in the above terms. 22.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa Page No.3/4

N. ANAND VENKATESH, J.

nsa To 1.The Inspector of Police, Vennandur Police Station, Namakkal, Crime No.59 of 2023 2.The Public Prosecutor, Madras High Court, Chennai 600 104..

Crl.O.P No.18809 of 2023 and Crl.M.P.No.12602 of 2023 22.08.2023 Page No.4/4