R.Gopinath v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10-11-2023

CORAM

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Crl. OP No.25888 of 2023 And Crl.MP No.17966 of 2023 1.R.Gopinath 2.R.Kalaiyarasi ... Petitioners/Accused Vs.

1.The Inspector of Police, Thirumanur Police Station, Ariyalur District.

(Crime No.171 of 2023) ... Respondent/Prosecuting Complainant 2.Muruganantham ... Respondent/Defacto Complainant Prayer: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, calling for the records from the first respondent-police in Crime No.171 of 2023 and to quash the same.

For Petitioners : Mr.R.Thirumoorthy For Respondent-1 : Mr.S.Udaya Kumar, Government Advocate (Criminal Side).

O R D E R

In connection with money dispute on 29.06.2023, there had been quarrel between the petitioners' family and the second respondent.

2. The respondent-police has registered complaint received from both parties i.e., one in Crime No.171 of 2023 dated 18.08.2023 for offences under Sections 294(b), 323, 336 and 506(ii) of IPC on the complaint given by one Muruganandham and another case in Crime No.170 of 2023 dated 18.08.2023 for offences under Sections 147, 294(b), 323, 506(ii) of IPC and Section 4 of Prohibition of Harassment of Women Act.

3. The petitioner herein, who is the accused in Crime No.171 of 2023 claims that it is a false case and it is a counter complaint case given against the second respondent herein, which is under investigation in CC

No.170 of 2023. However, from reading of the First Information Report (FIR), this Court finds that every act has been attributed to the petitioner herein for causing injury, using weapon.

4. Being the case and case in counter, the police has to investigate both the cases and find out the truth and file Final Report based on the material collected during the course of investigation. While doing so, it is needless to say that Investigation Officer (IO) shall follow Police Standing Order (PSO) 588-A.

5. With the above observations, the present Criminal Original Petition stands dismissed. Consequently, the connected Criminal Miscellaneous Petition is also dismissed.

10-11-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

DR.G.JAYACHANDRAN, J.

Svn To 1.The Inspector of Police, Thirumanur Police Station, Ariyalur District.

2.The Public Prosecutor, High Court of Madras, Chennai.

Crl. OP 25888 of 2023 10-11-2023