Madras High CourtCRL OP(MD)/9026/2019disposed of

Madana Gopal, v. The Inspector Of Police

2019-09-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No. 9026 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No. 9026 of 2019 and Crl.M.P.(MD).No.5737 of 2019 1.Madana Gopal 2.Packiaraj 3.Venkatesh : Petitioners/Accused 1 to 3

Versus

1.The State represented by its The Inspector of Police, District Crime Branch (ALGSC), Virudhunagar.

(Crime No.21 of 2015) : 1st Respondent/Complainant 2.K.Baskar : 2nd Respondent/De-Facto Complainant Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to the First Information Report in Crime No.21 of 2015, on the file of the respondent Police and quash the same as illegal as against the petitioners herein.

For Petitioners : Mr.J.Jeyakumaran For R-1 : Mr.K.Suyabmulinga Bharathi Government Advocate (Criminal side) For R-2 : Mr.M.Jothi Basu

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.21 of 2015, registered for the offences under Sections 120 (b), 419, 420, 423, 465, 468 and 421 of the Indian Penal Code, on the file of the respondent Police. 2.The learned counsel appearing for the second respondent / de facto complainant submitted that the petitioners are arrayed as Accused Nos.1 to 3 and they are subsequent purchasers. After registeration of the First Information Report, they have cancelled the sale deed executed in their favour. He further submitted that there are totally nine accused and Accused Nos.4 to 9 are the main https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No. 9026 of 2019 culprits and they have fabricated all the documents. He further submitted that he has no objection to delete the petitioners' name in Crime No.21 of 2015.

3.Considering the above circumstances, the first respondent is directed to delete the petitioners' name / Accused Nos.1 to 3 from the First Information Report and further directed to complete the investigation in Crime No.21 of 2015 and file a final report within a period of three months from the date of receipt of a copy of this order.

4.In the result, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (A.S) // True Copy // Sub Assistant Registrar(CS ) To 1.The Inspector of Police, District Crime Branch (ALGSC), Virudhunagar.

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

+1 CC to M/s.G.M.LAW OFFICE, Advocate SR-85660. +1 CC to Mr.J.JEYAKUMARAN, Advocate SR-85837. Order made in Crl.O.P.(MD) No. 9026 of 2019 06.09.2019 CS(20.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2