L.Prabhu v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:23.09.2024 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN and Crl.M.P.No.12169 of 2024 L.Prabhu .. Petitioner/Sole Accused /versus/ 1.State rep.by its, The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu District, Crime No.297/2024.

..Respondent/Complainant 2.V.Vaideki .. Respondent/Defacto Complainant Criminal Original Petition has been filed under Section 528 of BNSS to call for the records pertaining to the Crime No.297 of 2024 on the file of the 1st respondent Inspector of Police, Chengalpattu Town Police Station, Chengalpattu District and quash the same. For Petitioner :Mr.V.Subramanian For R1 :Mr.S.Udayakumar Govt.Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition is filed to quash the complaint registered in Crime No.297 of 2024 by the first respondent police. 2.The learned counsel appearing for the petitioner submitted that the defacto complainant has entered into a sale agreement with the petitioner herein and received advance. To breach the said agreement, a false complaint has been invented and been registered as if the title deed has been snatched away from the defacto complainant, while she was present in the Sub Registrar Office.

3.The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that investigation of the complaint is in advance stage and within 45 days it will be completed and report will be filed as per the outcome of the investigation.

4. Since the specific allegation been made as against this petitioner regarding snatching of document from the custody of the 2/4

defacto complainant, it is necessary for the police to investigate the same in accordance with law. At the same time, the theory put forth by the petitioner that there was a sale agreement between the petitioner and the defacto complainant on 05.07.2023 and also a suit pending before the Additional District Court, Chengalpattu in O.S.No.331 of 2024 instituted against the defacto complainant for specific performance of the sale agreement shall also be taken note while filing the final report.

5. With the above observation, this Criminal Original Petition is disposed of. If the petitioner is aggrieved, he is at liberty to challenge the final report. Consequently, connected Miscellaneous Petition is closed. 23.09.2024 Index:yes/no ari To:

1.The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu District.

2.The Public Prosecutor, High Court, Madras.

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DR.G.JAYACHANDRAN,J.

ari and Crl.M.P.No.12169 of 2024 23.09.2024 4/4