Madras High CourtCRL OP(MD)/3277/2021disposed of

Bazeer v. The Inspector Of Police

2021-03-03Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.3277 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R. HEMALATHA Crl.O.P.(MD)No.3277 of 2021 and Crl.M.P(MD) No.1803 of 2021 1.Bazeer 2.Katharsha 3.Sahul

...Petitioners

/Vs./ 1.State represented by the Inspector of Police, Natham Police Station, Natham Taluk, Dindigul District.

2.Shajahan

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.108 of 2017 on the file of the first respondent police and quash the same.

For Petitioners : Mr.S.Sarvagan Prabhu For 1st Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

The present petition is filed by the petitioners, seeking for a direction to quash the First Information Report in Crime No.108 of 2017 of Natham Police Station, Dindigul District. 2.Mr.S.Sarvagan Prabhu, learned counsel for the petitioners contended that the defacto complainant is brother of the petitioners and that though the property was in favour of the petitioners, the defacto complainant lodged a complaint against the present petitioners with false allegations and the first respondent police registered First Information Report in Crime No.108 of 2017. According to him, the matter in dispute between the petitioners and the defacto complainant is purely civil in nature. 3.Mr.S.

Chandrasekar, learned Additional Public Prosecutor, who accepts notice on behalf of the first respondent, on instructions, would contend that the Inspector of Police, Natham Police Station, Dindigul District, after concluding investigation in Crime No.108 of 2017, made ready the charge sheet for the offence punishable under Section 294 (b) of the Indian Penal Code, 1860, alone. https://hcservices.ecourts.gov.

Crl.O.P.(MD)No.3277 of 2021 4.In the circumstances, the present petition is disposed of with a direction to the Inspector of Police, Natham Police Station, Dindigul District, to file the final report against the present petitioners, within a period of two weeks from date of receipt of a copy of this order/uploading of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Inspector of Police, Natham Police Station, Natham Taluk, Dindigul District.

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

+1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-8718[F] dated 04/03/2021 ) Crl.O.P.(MD)No.3277 of 2021 03.03.2021 KG(CO) KB(22.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2