Madras High CourtCRL OP(MD)/5723/2021disposed of

Suresh v. The Inspector Of Police

2021-04-22Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5723 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5723 of 2021 and Crl.M.P.(MD)No.3319 of 2021 Suresh ... Petitioner/A4 Vs.

1.The State through The Inspector of Police, Peravorani Police Station, Thanjavur District. ... 1st Respondent/De-jure Complainant 2.Selvaraj ... 2nd Respondents/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records connected with FIR in Crime No.1216 of 2020 on the file of the first respondent and quash the same as illegal as against the petitioner. For Petitioner : Mr.K.M.Karunakaran For R-1 : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This petition has been filed seeking quashment of the First Information Report in Crime No.1216 of 2020 on the file of the the first respondent.

2.The case of the prosecution is that the petitioner is working in Classik Cooling Tower as a Senior Engineer @ Sales at Chennai. The petitioner's father had given a representation on 08.10.2020 to the Revenue Authorities to take action against the encroachment made by the temple authorities and he filed a writ petition in W.P(MD) No.1610 of 2020. Due to the said dispute, the present complaint has been falsely filed against the petitioner and his family members. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5723 of 2021 4.After hearing both sides, this Court is of the view that the plea that has been raised by the petitioner that on the date of alleged occurrence he was available in Chennai in his office, cannot be considered at this stage. It is the matter for investigation and trial. However, the submission made by the learned counsel for the petitioner that only to take a vengeance due to the order passed in W.P(MD) No.1610 of 2020, this false complaint has been given and the investigation has also been undertaken cannot be considered into at this stage.

5.Considering the facts and circumstances of the case, there shall be a direction to the first respondent police to complete the investigation within a period of three months from the date of receipt of a copy of this order and file a final report before the concerned Court.

6.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS III) // 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, Peravorani Police Station, Thanjavur District.

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

Crl.O.P.(MD)No.5723 of 2021 22.04.2021 AS(08.06.2021)3P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2