Kailash Mariappan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

1. Kailash Mariappan

2. Dr(Mrs) Poonguzhali Kailash .. Petitioners Vs.

1. The State rep. By Inspector of Police, R6, Kumaran Nagar Police Station, 3rd Street, Ragavan Colony, Mettuppalayam, Ashok Nagar, Chennai-600 083.

2. Kanimozhi Venkatesh .. Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS , 2023 to call for the records of the FIR having No.125 of 2024 dated 09.04.2024 on the file of the 1st respondent police and quash the same. For Petitioner : Mr.D.Yogeswaran For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) for R1 1/4

O R D E R

The petitioner herein seeks to quash the FIR in Cr.No.125 of 2024 on the ground that the complainant is the tenant under the petitioner and the civil dispute between them regarding eviction, been given a criminal colour.

2. However, the learned Government Advocate (Crl.Side) submits that on investigation, police has found that cognizable offence been made out and final report filed before the learned XXIII Metropolitan Magistrate, Saidapet, Chennai.

3. Since the respondent police has already completed the investigation and final report filed, this Criminal Original Petition to quash stands dismissed with liberty to the petitioner herein to challenge the final report, if so advised.

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1. The Inspector of Police, R6, Kumaran Nagar Police Station, 3rd Street, Ragavan Colony, Mettuppalayam, Ashok Nagar, Chennai-600 083.

2. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN,J.

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