Natarajan, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.14262 of 2017 and Crl.M.P.No.9080 of 2017 1.

Natarajan 2.

Kandasamy 3.

Kumarasamy ... Petitioners vs.

1.

State rep. by The Inspector of Police, Kamanickenpalayam Police Station, Kamanaickenpalayam, Palladam, Tirrupur District.

2.

A.Balasubraniam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the investigation of the case in C.C.No.112 of 2016 pending on the file of the Judicial magistrate of Palladam, Tirrupur District and quash the same.

For Petitioner :

Mr.R.Krishnamurthy For 1st Respondent :

Mr.S.Vinoth Kumar, for Public Prosecutor For 2nd Respondent :

Mr.S.Arjun

O R D E R

This petition is filed to quash C.C. No.112 of 2016 pending on the file of the Judicial magistrate of Palladam, Tirrupur District.

2. The main contention of the petitioner before this Court is that the matter regards to civil dispute and suit are also pending disputing common passage. Merely because the civil suit are pending with regard to the common passage, that cannot be a https://hcservices.ecourts.gov.in/hcservices/

ground to quash the final report which was filed after investigation. Final report also indicate that the witnesses appears to have suffered injuries and offense against the human has been committed. At this stage, it cannot be said that some civil suits are pending and criminal case should be quashed on that ground.

3. This Court finds no merits in this case and therefore, this Criminal Original Petition is dismissed. Consequently, connected Criminal Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar vm To 1.The Judicial Magistrate of Palladam, Tirrupur District.

2.The Inspector of Police, Kamanickenpalayam Police Station, Kamanaickenpalayam, Palladam, Tirrupur District.

3.The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.R.Krishnamurthy, Advocate SR. No.57378 Crl.O.P.No.14262 of 2017 SJ (CO) PR (02/12/2021) https://hcservices.ecourts.gov.in/hcservices/