Bonda Venkatesan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.19869 of 2014 D.Venkatesan @ Bonda Venkatesan ...

Petitioner/A2 Vs.

1.The Inspector of Police, Sathuvachari Police Station, Vellore.

(Cr.No. 174 of 2014) ...1st Respondent/Complainant 2.K.Govindaraj Sub-Inspector, Sathuvachari Police Station, Vellore District.

... 2ndRespondent /Defacto Complainant Prayer: Petitions filed under Section 482 of Cr.P.C., seeking to call for the records on the file of the Inspector of Police, Sathuvachari Police Station, Vellore pertaining to the First Information Report in Cr.No.174 of 2014 dated 08.06.2014 and quash the same.

For Petitioner : Mr.P.V.Sudakar For Respondents: Mr. C.Iyyapparaj, APP for R1

ORDER

This criminal original petition has been filed seeking to call for the records relating to the FIR in Crime No.174 of 2014 pending on the file of Inspector of Police, Sathuvachari Police Station, Vellore and quash the same.

2.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A2 in Crime No.174 of 2014 for the alleged offence under Sections 399 of IPC and 25 (1-A) of the Indian Arms Act, based on the complaint given by the second respondent herein. He would further submit that A2 is innocent and he did not commit any offences as alleged by the respondent police. The petitioner is doing lorry business owning four lorries and does not have any need for https://hcservices.ecourts.gov.in/hcservices/

embarking on illegal activities, he has been implicated on account of a false case foisted by the respondent and at the time of search of the petitioner's house, no weapon was seized by the police. Hence he prays quash the FIR.

3.The learned counsel appearing for the petitioner would further submit that, it would suffice, if this Court permits the petitioner to furnish the particulars before the law enforcing agency to prove his innocence and issue direction to the law enforcing agency to complete the investigation within a time frame.

4.The learned Additional Public Prosecutor concedes to the request made by the learned counsel appearing for the petitioner and on instructions, he would further submit that the investigation will be completed within the time frame fixed by this Court.

5.Considering the limited request made by the learned counsel appearing for the petitioner, this Court without going into the merits of the case, is inclined to issue direction to the law enforcing agency to complete the investigation in Crime No.174 of 2014, after giving opportunity to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the law enforcing agency for early completion of the investigation.

6.This criminal original petition is disposed of, accordingly.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar jrs To 1.The Inspector of Police, Sathuvachari Police Station, Vellore.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.19869 of 2014 SV(CO) CB(19/03/2020) https://hcservices.ecourts.gov.in/hcservices/