Madras High CourtCRL OP/30564/2024dismissed

A.Suresh v. The State Rep By

2024-12-09Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and Crl.M.P.Nos. 17363 & 17364 of 2024

1. A Suresh

2. S.Philomina ... Petitioners Vs.

1. State represented by The Sub Inspector of Police, Nolambur Police Station, Chennai.

2. V.Abishek Narayanan ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS to call for the records in C.C.No.6142 of 2023 on the file of the Judicial Magistrate, Ambattur, and quash the proceedings. For Petitioners : Mr.P.K.Naarayanan For R1 : Mr.S.Sugendran Additional Government Pleader

O R D E R

This Criminal Original Petition has been filed to call for the records in C.C.No.6142 of 2023 on the file of the Judicial Magistrate, Ambattur, and quash the same.

2.Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the first respondent/Police and perused the materials available on record.

3. Since no adverse order is passed as against the private respondent, notice to the private respondent is dispensed with.

4. It is the contention of the petitioner that dispute between the parties arises out of water problem in the Apartment. Taking advantage of the fact that the respondent police and the private respondent are neighbours, they foisted a false case as against the petitioners.

5. It is submitted by the learned Additional Government Pleader appearing for the first respondent/Police that all the witnesses have clearly spoken about the involvement of the petitioners in the alleged offence. Prima facie allegations are available as against the petitioners to proceed the case further. The case is posted on 22.01.2025 before the trial court for framing of charges.

6. In view of the same, the Criminal Original Petition is dismissed. Consequently connected miscellaneous petitions are closed. However, the petitioners are at liberty to take all their defence before the trial court.

09.12.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Sub Inspector of Police, Nolambur Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

P.VELMURUGAN, J.

mfa and Crl.M.P.Nos. 17363 & 17364 of 2024 09.12.2024