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Madras High CourtCRL OP/23522/2023disposed of

Sathya Narayanan S v. State Rep By

2023-10-31Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Sathyanarayanan ... Petitioner Vs.

1.State represented by Sub-Inspector of Police, C-2, Race Course Police Station, Coimbatore - 600 018.

2.Rajini Krishnamurthy ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in Crime No.28 of 2023 on the file of the 1st respondent and to quash the same. For Petitioner : Mr.P.G.Santhosh Kumar For Respondents : Mr.S.Udaya Kumar for R1 Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition is filed to quash the FIR in Crime No.28 of 2023 on the file of the 1st respondent police. 1/4

2.

The learned Government Advocate (Crl.Side) appearing for the State submits that in view of the dispute between the neighbours regarding the use of 45 cents of land, the complaint has been given by one Paramasivam and same is under investigation.

3.

The learned counsel appearing for the petitioner submits that the petitioner is the owner of the property and has been unauthorizedly occupied by the defacto complainant.

4.

The fact of the rival submission has to be gone to the Investigating Officer and he has to take appropriate decision based on the document. Before that, the Court cannot interfere by exercising power under Section 482 Cr.P.C.. Hence this Criminal Original Petition is disposed of directing the petitioner to cooperate with the investigation and produce the documents available with him. If there is purely a civil dispute, the Investigating Officer shall record the same and dispose of the complaint in accordance with law.

31.10.2023 Index : Yes/No rpl 2/4

To 1.The Sub-Inspector of Police, C-2, Race Course Police Station, Coimbatore - 600 018.

2.The Public Prosecutor, High Court, Madras.

3/4

Dr.G.JAYACHANDRAN,J.

rpl 31.10.2023 4/4