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Madras High CourtCRL OP/20213/2023disposed of

S.Dhanasekaran v. State Rep By

2023-10-18Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.20213 of 2023 and Crl.M.P.No.13759 of 2023 S.Dhanasekaran ... Petitioner Vs.

1.The State Rep. by its:

The Inspector of Police, Aurovillie Police Station, Villupuram.

2.V.Ponvelmurugan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records of the FIR registered in Crime No.44 of 2023, dated 11.02.2023, pending on the file of the 1st respondent police station, Villupuram and quash the same.

For Petitioners : Mr.V.Balamurugan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor for R1 1 / 4

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.44 of 2023, pending on the file of the 1st respondent. 2.From the records, it appears that when the matter came up for admission on 04.09.2023, this Court has ordered notice to the second respondent/defacto complainant and also directed the respondent police not to continue with the investigation. From the perusal of the records, this Court finds that it is the complaint for offences under Sections 448, 427 and 378 of IPC and Section 3(1)(g) of SC/ST (Prevention of Atrocities Act), 1989. Reading of the complaint attributes overt act against the petitioner and only after completion of investigation, whether he has been falsely implicated or not will come to light. Therefore, the Criminal Original Petition is disposed of with liberty to the petitioner to challenge the final report if necessary after filing the final report. Consequently, connected miscellaneous petition is closed. 18.10.2023 Index : Yes/No ssr 2 / 4

To 1.The Inspector of Police, Aurovillie Police Station, Villupuram.

2. The Public Prosecutor, High Court of Madras, Chennai - 600 104.

3 / 4

Dr.G.JAYACHANDRAN,J.

ssr Crl.O.P.No.20213 of 2023 and Crl.M.P.No.13759 of 2023 18.10.2023 4 / 4