Madras High CourtCRL OP/29832/2022dismissed

Sudharsanan @ Babu v. State Rep By

2024-03-05Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 27872 of 2022 & Crl.MP.No. 18284 of 2022 1 SUDHARSANAN @ BABU 2 SATHYANARAYANAN @ SENTHIL

...Petitioner

Vs.

1 STATE REP BY INSPECTOR OF POLICE LAND GRABBING CELL DISTRICT CRIME BRANCH CUDDALORE DISTRICT.

CR.NO.34/2022.

2 USHARANI

...Respondents

PRAYER : This petition has been filed under Section 482 of Cr.P.C , to call for the records in Cr.No. 34/2022 on the file of the respondent police and quash the FIR to secure ends of Justice.

For Petitioner : Mr.A.Arau Ganeshan For R1 : S.Vinoth Kumar Government Advocate (Crl.side)

ORDER

The petitioner herein filed this petition to call for the records in Cr.No. 34/2022 on the file of the respondent police and quash the FIR.

2. The case of the prosecution is that the defacto complainant who is the relative of the accused gave a complaint stating that the she is entitled to enjoy the property belongs to her father but the accused persons/petitioners are attempted to grab the property. Besides, the accused persons are arrayed as A3 and A4 in SC. No. 212 of 2016 which was filed for the offences punishable under Section 302 IPC in crime No. 85 of 2010. According to the prosecution these petitioners attempted to grab the defacto complainant property. Hence, FIR was filed based upon the direction given by this court.

3. The learned counsel for the petitioner submits that already there was civil suit is pending between the parties without considering the same the Trial Court taken the cognizance on file as such is totally erroneous. He prays to allow this petition.

4. The learned Government Advocate (Crl. Side) submits that the respondent police investigating the matter. Hence, he prays to dismiss this

petition.

5. Admittedly, the defacto complainant was a widow who is aged about more than 60 years and she was harassed by the petitioners in orderr to grab the property and also the investigation is at initial stage. Thus, I am not inclined to quash the FIR. Accordingly, this petition is dismissed. No Costs. Consequentially, connected miscellaneous petition is closed. 05.03.2024 pbl To The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

pbl CRL.OP No. 29832 of 2022 & Crl.MP.No. 18284 of 2022 05.03.2024