N.Kannappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) Nos.5500 & 5464 of 2024 CRL.O.P (MD) No.5500 of 2024 N.Kannappan

...Petitioner/Accused-6

Vs 1.State rep. by Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

(Cr.No.209 of 2019) 2.Aranmanai Pandian

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in Cr.No.209 of 2019 on the file of 1st respondent, Ramanathapuram and quash the same against the petitioner alone.

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CRL.O.P (MD) No.5464 of 2024 N.Kannappan

...Petitioner/Accused-6

Vs 1.State rep. by Inspector of Police, District Crime Branch/Anti-land Grabbing Special Cell, Ramanathapuram.

(Cr.No.10 of 2022) 2.Poomayil

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in Cr.No.10 of 2022 on the file of 1st respondent and quash the same in respect of the petitioner. (In both the cases) For Petitioner : Mr.K.Kumaravel For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl. side) 2/6

COMMON ORDER The accused in Crime No.209 of 2019 & Crime No.10 of 2022 has filed these applications to quash the FIR pending against him. 2.The petitioner is a document writer and he has been involved in three cases for creating a false document. Hence, the case has been registered against the petitioner.

3.The learned Counsel for the petitioner submitted that the petitioner is expected to prepare the documents based on the information provided to him and he is not expected to find out the genuineness of the documents. However, the respondent police without ascertaining the same has foisted a false complaint and the final report has also been filed against the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that Investigation Agency has collected enough materials against the petitioner and in another case, final report has been filed against him. Also, he submitted that the petitioner is habitually doing 3/6

the same.

5.This Court considered the rival submissions made. 6.The Petitioner as a document writer has been permitted to prepare the documents since he possess a qualification for preparing the documents. Not all persons are permitted to prepare the documents. The petitioner knowing the procedure for preparing the documents has violated the same by creating a false documents. The petitioner as a licensed document writer cannot plead innocence by stating that he would mechanically prepare the documents which has been produced by the parties.

7. Though the petitioner has raised several grounds, this Court is of the opinion that it can be appreciated only during the trial. Therefore, these Criminal Original Petitions are dismissed.

NCC : Yes/No 18.04.2024 Internet:Yes/No Index:Yes/No jbr 4/6

To 1.Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

2. Inspector of Police, District Crime Branch/Anti-land Grabbing Special Cell, Ramanathapuram.

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

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B.PUGALENDHI , J.

jbr CRL.O.P (MD) Nos.5500 & 5464 of 2024 18.04.2024 6/6