J.Shyamdev Mundhra v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.24828 of 2024 and Crl.MP.Nos.13045 and 13925 of 2024 J.Shyamdev Mundhra .. Petitioner Vs.
1. State Represented by Inspector of Police, R-1, Mambalam Police Station,T.Nagar, Chennai.
2. J.Krishna Kumar Mundhra .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C,1973, to call for the entire records pertaining to Cr.No.108 of 2023 on the file of the respondent police and quash the same. For Petitioner : Mr.N.Ponraj For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) for R1 1/4
O R D E R
Property dispute between the brothers has led to registration of complaints in Cr.Nos.108 and 109 of 2023. As far as the petitioner is concerned, he is the accused in Cr.No.108 of 2023 dated 09.05.2023.
2. Claiming that the civil dispute between the brothers who is subject matter of suit in O.S.No.3295 of 2023 on the file of learned V Assistant Judge/Vacation Judge, III Assistant City Civil Court, Chennai.
3. The learned counsel appearing for the petitioners submits that the complaint has to be quashed, since it is purely a civil dispute.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that since the case and case in counter registered, appropriate report will be filed after completion of the investigation by following the Police Standing Order 566 and the Circular issued by COP on 09.01.2024. He further submits that if the matter is purely a civil in nature, the same will be taken note of and appropriate final report will be filed.
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5. Recording the said undertaking, this Criminal Original Petition is disposed of with direction to the respondent police to conduct investigation on both the complaint and the counter complaint in accordance with law and the circular issued by the COP dated 09.01.2024 and file appropriate final report within a period of two months. Consequently, the connected miscellaneous petitions are closed. 14.10.2024 Vv To
1. The Inspector of Police, R-1, Mambalam Police Station, T.Nagar,Chennai.
2. The Public Prosecutor, High Court of Madras.
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Dr.G.JAYACHANDRAN,J.
Vv Crl.OP.No.24828 of 2024 14.10.2024 4/4