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Madras High CourtCRL OP/31064/2022dismissed

Ganesh v. The State Rep By Its,

2024-01-08Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 31064 of 2022 & Crl.MP. 18988 of 2022 1 GANESH ...petitioners Vs.

1 THE STATE REP BY ITS THE INSPECTOR OF POLICE MADIPAKKAM POLICE STATION CHENNAI CR.NO.452 OF 2022.

2 PRABHU (VILLAGE ADMINISTRATIVE OFFICER) S/O.

CHELLAPPAN NO.11 MADIPAKKAM VILLAGE SHOLINGANALLUR CHENNAI.

...Respondent

PRAYER : This petition has been filed under Section 482 of Cr.P.C, to call for the records in Crime No.452/2022 on the file of the 1st respondent and quash the same.

For petitioner : Mr.K.Thenrajan For respondents:

S.Vinoth Kumar, Government Advocate (Crl. side)

ORDER

The petitioner herein filed this petition to call for the records in Crime No.452/2022 on the file of the 1st respondent and quash the same.

2. The case of the prosecution is that one Prabhu who is the Village Administrative Officer of Madipakkam village, Sholinganallur, Chennai, lodged a complaint stating that unknown persons had tresspassed in survey No. 116/1a1A1A1A1A, 112/1A1A1A1A1A1A1A and caused damages. Based on the said complaint, the respondent police filed a FIR in Crime No. 452 of 2022. Challenging the said FIR the petitioner filed this petition to quash the same.

3. Heard both sides.

4.Considering the submissions on either side and also on perusal of records, it reveals that both the Government and the petitioner claiming right over the property and the investigations is at initial stage. Hence, this Court is not inclined to quash the FIR. Accordingly, this petition is dismissed. No Costs. Consequentially connected miscellaneous petitions are closed.

08.01.2024 pbl To The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

pbl CRL.OP No. 31064 of 2022 and Crl. MP. No. 18988 of 2022 08.01.2024