Madras High CourtCRL OP/27528/2018disposed of

C.Nagabalan v. Sub Inspector Of Police

2018-11-27Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.27528 of 2018 and Crl.M.P.No.15883 of 2018 C.Nagabalan

...Petitioner/Accused

-Vs1.The Sub Inspector of Police, Oomerabad Police Station, Ambur Taluk, Vellore District. ...R1/ Complaiant 2.P.Murali ... Respondents R2/Defacto Complaint Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the FIR in Crime No.431 of 2016 on the file of Ambur Taluk Police Station, Ambur Taluk, Vellore District and quash the same. For Petitioner: M/s.S.Thamizharasi For R1: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.431 of 2016.

2. The petitioner is A1. Apart from the petitioner there are two other accused whose name is found in the FIR. The learned counsel for the petitioner would submit that there is a civil dispute between the parties and a false complaint has been given against the petitioner herein. The petitioner is a Teacher and therefore the second respondent has given the complaint only to harass the petitioner.

3.The issues raised by the learned counsel for the petitioner are factual in nature. Certain allegations have been made in the complaint. This Court cannot go into the truth or otherwise of the said allegations. It is for the respondent police to investigate the same and find out the truth. https://hcservices.ecourts.gov.in/hcservices/

Therefore, this Court is not inclined to interfere with FIR at this stage.

4. This Criminal Original Petition is disposed of with a direction to the first respondent to complete the investigation and to file a final report or a closure report as the case may be, within a period of two months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsa/lpp To 1.The Sub Inspector of Police, Oomerabad Police Station, Ambur Taluk, Vellore District.

2.The Additional Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Tamilzharasi, Advocate, S.R.No.80793 Crl.O.P.No.27528 of 2018 and Crl.M.P.No.15883 of 2018 (RVCO) GSP(18/12/2018) https://hcservices.ecourts.gov.in/hcservices/