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Madras High CourtCRL OP/29367/2024dismissed

Prosekannan v. State Rep.By Its

2024-11-25Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN J.Prosekannan ... Petitioner Vs.

1. State rep. by its Inspector of Police P4, Basin Bridge Police Station Chennai - 600 012

2. L.Nanthin ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records in FIR in Crime No.184 of 2024 on the file of the Inspector of Police, P4, Basin Bridge Police Station, Chennai District and quash the same. For Petitioner : Mr.M.Mahendran For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to quash the FIR in Crime No.184 of 2024 on the file of the 1 st respondent police registered for the offences under Sections 294(b) and 506(1) of IPC.

2. The learned counsel for the petitioner submitted that the petitioner is no way connected with the said offence. There was a money transaction between the defacto complainant and A1 and that the petitioner has been falsely implicated in this case as A2.

3. The learned Additional Public Prosecutor appearing for the respondent police submitted that there are prima facie allegations against the petitioner in the complaint/FIR.

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police and perused the materials available on record.

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5. Since no adverse order is being passed, notice to the 2 nd respondent is dispensed with.

6. Admittedly, FIR is not an Encyclopedia. However, when prima facie allegations have been levelled against the petitioner in the complaint/FIR, the police have to conduct investigation and file charge sheet accordingly. Hence, the petitioner is not entitled to the relief sought for.

7. Accordingly, this Criminal Original Petition is dismissed.

8. The respondent police is directed to expedite the investigation and file charge sheet before the concerned Court within a period of three months from the date of receipt of a copy of this order.

25.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. Inspector of Police P4, Basin Bridge Police Station Chennai - 600 012

2. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

Ksa-2 25.11.2024 5/5