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Madras High CourtCRL OP/25635/2021disposed of

Ranganathan @ Ranga v. State Rep By

2022-01-04Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.25635 of 2021 and Crl.M.P.No.14238 of 2021 Ranganathan @ Ranga ... Petitioner

Versus

1.State rep by, The Inspector of Police, Villupuram Taluk Police Station, Villupuram District, Crime No.1257 of 2021.

2.A.Sangeetha ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the Crime No.1257 of 2021 on the file of the Villupram Taluk Police Station, Villupuram, quash the same by allowing this Criminal Original Petition.

For Petitioners :

Mr.E.Iyappan For Respondent :

Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

The petitioner/A2 in Crime No.1257 of 2021 on the file of the Villupuram Taluk Police Station, Villupuram has filed this quash petition, primarily on the point that the alleged occurrence had taken place on 19.09.2021 and F.I.R in Cr. No.1257 of 2021 has been lodged only on 24.09.2021. However, on 19.09.2021, the petitioner had gone to Ernakulam and he was staying in a hotel from 19.09.2021 to 28.09.2021, hence he could not have been present.

2. Due to a dispute with respect to the family property between the defacto complainant and her brother-in-laws, the petitioner has been falsely implicated. The petitioner had Railway Ticket Confirmation and Hotel Bills to support the case that at the time of incident, he was in Ernakulam. He further submitted that earlier, the petitioner's sister had lodged a https://hcservices.ecourts.gov.in/hcservices/

complaint in Cr. No.1256 of 2021 and as a counter blast, this complaint be prosecuted against the petitioner.

3. Since the dispute is within the family members and the petitioner defence is that he was not present during the occurrence, his presence in the said incident has to be verified. Further, the respondent police to conduct the enquiry on both the complaints of the petitioner's sister as well as the counter complainant and if any cognizable offence is made out, register a case by following the Police Standing Orders 588 A, and steps has to be taken to investigate both the cases. In the event that the statement of the petitioner proves correct that he had stayed at Ernakulam and not being present in the scene of occurrence found during investigation, the name of the petitioner shall be deleted from the final report.

4. With the above direction, this petition is disposed of. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Rkp To

1. The Inspector of Police, Villupuram Taluk Police Station, Villupuram District,

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Iyappan, Advocate, S.R.No.867 Crl.O.P.No.25635 of 2021 and Crl.M.P.No.14238 of 2021 NK(CO) CT 21/01/2022 https://hcservices.ecourts.gov.in/hcservices/