S.Prakash v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025

CORAM

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN and Crl.M.P.(MD)Nos.590 & 907 of 2025 S.Prakash ... Petitioner Vs

1. The Inspector of Police, Jeeyapuram Police Station, Trichy District.

(Crime No. 230/2024)

2. Parameshwaran ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, To call for the records pertaining to the First Information Report in Crime No.230 of 2024 on the file of the 1st Respondent Police and Quash the same as illegal as against the petitioner/Accused. For Petitioner : M/s.K.Arunraj For Respondents 1 : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor 1/6

ORDER

This Petition has been filed to quash the F.I.R in Crime No.230 of 2024 on the file of the first respondent police.

2. The crux of the case is that the second respondent/defacto complainant, who is the Secretary of Primary Agricultural Co-operative Loan Society, Anthanallur gave a complaint before the first respondent police stating that on 05.08.2024, the accused persons handed over the revenue documents for obtaining loan from the society. On perusing the documents, it was found that the signature and seal in the documents were forged. Based on the same was registered in Crime No.230 of 2024 on 27.08.2024 for the offence under Sections 318(2), 318(4), 335, 336(3), 340, 341 of BNS.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. Perused the materials available on record.

4. On perusal of the records, this Court satisfy with the ingredients of the offence under Sections 318(2), 318(4), 335, 336(3), 340 and 341 of 2/6

BNS and the same is required to be investigated by the police officer. 4.1.Further, the Hon'ble Supreme Court in the following cases; ● Gimpex (P) Ltd. v. Manoj Goel reported in 2022 (11) SCC 705 :: 2021 SCC Online SC 925, ● Amish Devgan v. Union of India, reported in (2021) 1 SCC 1 : (2021) 1 SCC (Cri) 247 :: 2020 SCC OnLine SC 994, ● H.P. Cricket Assn. v. State of H.P., reported in (2020) 18 SCC 465 : (2021) 3 SCC (Cri) 555 : 2018 SCC OnLine SC 2419, ● Rajeev Kourav v. Baisahab, reported in (2020) 3 SCC 317 : (2020) 2 SCC (Cri) 51 : 2020 SCC OnLine SC 168, ● Saranya v.

investigation. Hence, this Court finds no reason to entertain this quash petition when the allegations made in the FIR, prima facie constitute the offences under Sections 318(2), 318(4), 335, 336(3), 340 and 341 of BNS. Further this Court is unable to accept the argument of the learned counsel for the petitioner to appreciate the material produced before this Court and the defence of the petitioner at this stage.

5.Accordingly, this Criminal Original Petition is dismissed. The respondent Police is directed to file final report in Cr.No.230 of 2024 before the concerned Court within a period of six (6) months from the date of receipt of copy of this order. The petitioner is at liberty to file a petition for quash, after filing of final report, if so advised. Consequently, connected Miscellaneous Petition is closed.

27.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PNM 4/6

To

1. The Inspector of Police, Jeeyapuram Police Station, Trichy District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

K.K.RAMAKRISHNAN,J.

PNM/sbn ORDER IN and Crl.M.P.(MD)Nos.590 & 907 of 2025 27.01.2025 6/6