Madasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM:

THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN Crl.O.P(MD)No.5061 of 2021 and Crl.M.P(MD)No.2893 of 2021 Madasamy .. Petitioner/Accused No.1 Vs.

1.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

(Crime.No.1227/2020) .. Respondent/Complainant 2.Poyyalimuthu .. Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the FIR in Crime No.1227 of 2020 on the file of the 1st respondent and quash the same against the petitioner.

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For Petitioner : Mr.Ramasamy.S For R1 : Mr.M.Muthumanikkam Government Advocate(Criminal Side)

ORDER

The petitioner/A1 has filed this petition to quash the FIR in Crime No.1227 of 2020 on the file of the first respondent, wherein he is said to have committed the offence under Sections 463, 464, 465, 471, 420, 167 r/w 34 IPC.

2. The case of the prosecution is that the petitioner is working as a Deputy Thasildar. The second respondent is doing dairy business and he has given a complaint to the first respondent, Inspector of Police, Kovilpatti Police Station, against the petitioner and two others on 19.12.2020 alleging that when the 2nd respondent approached the petitioner to get free patta in Government land, the petitioner promised him to get patta on payment of Rs.1,00,000/-. Accordingly, the petitioner has given a sum of Rs.50,000/- as advance to the petitioner and the petitioner introduced the other co-accused A2 and A3 in this case and asked him to pay the balance amount to them. Accordingly, he paid a sum Page No.2 of 6

of Rs.2,00,000/- to them [in total 50,000/-+2,00,000/-=2,50,000/-]. Similarly some other persons also paid some amount to them for getting free patta and later the petitioner had given patta to them. Subsequently, the 2nd respondent and others came to understand that the patta given by the petitioner and other co-accused are bogus one. Hence the complaint.

3. The learned Government Advocate (Criminal side) submitted that the investigation in Crime No.1227 of 2020 has been completed and final report has been filed before the learned Judicial Magistrate No.II, Kovilpatti.

4. Recording the same, this Criminal Original Petition stands closed with liberty to the petitioner to work out his remedy in the manner known to law. Consequently, connected Miscellaneous Petition is closed. 13.04.2023 NCC : Yes/No Internet: Yes/No Index : Yes/No PJL Page No.3 of 6

To 1.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

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

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K.K.RAMAKRISHNAN,J.

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