Madras High CourtCRL OP(MD)/2894/2021dismissed

Rengaraj v. The Sub Inspector Of Police

2021-02-24Honourable Mrs Justice R. Tharani2 pages

Crl.O.P.(MD)No.2894 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.2894 of 2021 and Crl.M.P(MD).No.1563 of 2021 Rengaraj ... Petitioner Vs.

1.The State rep., by The Sub-Inspector of Police, Kallakudi Police Station, Trichy District.

(Crime No.885 of 2020) 2.Radhakrishnan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records pertaining to the proceedings in Crime No.885 of 2020 pending on the file of the first respondent police and quash the same insofar as the petitioner is concerned. For Petitioner : Mr.M.Sridharan For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This petition is filed to quash the FIR in Crime No.885 of 2020 on the file of the first respondent.

2.On the side of the petitioner it is stated that there is a civil dispute between the petitioner and the second respondent. The petitioner lodged a complaint against the second respondent and the same was not taken for consideration by the first respondent. The petitioner approached this Court by filing a petition for police protection in Crl.O.P(MD).No.11282 of 2020 and this Court has directed the respondent police to dispose of the petitioner's complaint on merit and in accordance with law vide order dated 13.10.2020. Only based on the complaint of the second respondent, FIR was registered against the petitioner by the first respondent. The property is in the possession of the petitioner and the matter is civil in nature and prayed the FIR to be quashed.

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Crl.O.P.(MD)No.2894 of 2021 3.On the side of the respondent it is stated that investigation is almost over. The allegation against the petitioner is that he destroyed the second respondent's crops value of Rs.1,00,000/- by riding a tractor on the field. The case is pending for production of tractor before the trial Court and prayed the petition to be dismissed.

4.It is seen that investigation is almost over. In the above circumstances, the first respondent is directed to complete the investigation within a period of one month and to file a final report before the trial Court.

5.With the above observation, the Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) rmk Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Sub-Inspector of Police, Kallakudi Police Station, Trichy District.

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

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