Madras High CourtCRL OP(MD)/8927/2017dismissed

V.Murugan v. The Inspector Of Police

2017-07-17Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.8927 of 2017 and CRL.MP(MD)No.6029 of 2017 V.Murugan ... Petitioner/Sole Accused -Vs1.The State represented by its The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

(Crime No.258 of 2017) ...Respondent/Complainant 2.A.Murugan ...Respondent/De-facto complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to call for the entire records pertaining to the Crime No.258 of 2017, on the file of the first respondent police and quash the same.

For Petitioner : Mr.K.Krishna For 1st respondent : Mr.K.Anbarasan Government Advocate(Crl.Side)

O R D E R

This Criminal Original petition is filed under Section 482 of the Criminal Procedure Code to call for the entire records pertaining to the Crime No.258 of 2017, on the file of the first respondent police and quash the same.

2. Heard Mr.K.Krishna, learned counsel appearing for the petitioner and Mr.K.Anbarasan, learned Government Advocate (Crl.Side), appearing for the first respondent.

3. Reading of the First Information Report refers to serious allegations that the petitioner has prevented the defacto complainant from using the pathway and that he is also causing threat to the life of the defacto complainant apart from other allegations.

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4. The learned Government Advocate (Crl.Side), on instructions would submit that the pathway, which is the subject matter of the

dispute is a public pathway as per the revenue records. 5.In such circumstances, this Court find that there is prima facie material as against the petitioner for making him guilty of cognizable offences. Therefore, this Court is prima facie of the view that the First Information Report cannot be quashed at this stage. The petitioner can establish his rights during enquiry and the same will be considered by the respondent. Hence, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS-I) /True copy/ sub Assistant Registrar To 1.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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

+1cc to Mr.K.Krishna,Advocate,SR. 65957 CRL.O.P.(MD)No.8927 of 2017 17.07.2017 DAS/PJL KK/SV/SAR3/27.07.2017/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/