Madras High CourtCRL OP(MD)/7984/2021allowed

Thiruvengadam v. The Inspector Of Police

2021-12-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.7984 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.7984 of 2021 and Crl.M.P.(MD).No.4102 of 2021 1.Thiruvengadam 2.Ponnammal 3.Eswari 4.Perumalammal 5.Rajeshwari ... Petitioners/ Accused No.1 to 4 and 8 Vs.

1. The State rep by The Inspector of Police, District Crime Branch, Office of the District Police Office, Dindigul.

...Respondent No.1

2.Veerasamy

...Respondent No.2/Complainant

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records and quash the FIR in Crime No.16 of 2021 dated 15.05.2021 registered by the first respondent police under Section 120B, 463, 464, 465 and 506(1) of the Indian Penal Code against these petitioners.

For Petitioners : Mr.V.Baskaran For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R2 : Mr.S.C.Herold Singh

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.16 of 2021 registered on the file of the first respondent.

2.The defacto complainant had alleged that the petiioners have committed the act of forgery. I wanted to know, if according to the defacto complainant, his signature has been put by the petitioner or if there is any act of impersonation. From a reading of the complaint, one is not able to discern any such allegation. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7984 of 2021 3.The case on hand is squarely covered by the decision of the Hon'ble Supreme Court reported in (2009) 8 SCC 751, Md.Ibrahim vs State of Bihar. The very registration of the impugned FIR is not proper. Hence, it is quashed. The Criminal Original Petition is allowed. Consequently, the Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sn Note: In view of the present lock down owing to COVID19 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.

1. The Inspector of Police, District Crime Branch, Office of the District Police Office, Dindigul.

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-39433[F] dated 20/12/2021 ) +1 CC to M/s.V.BASKARAN, Advocate ( SR-39601[F] dated 20/12/2021 ) Crl.O.P.(MD)No.7984 of 2021 17.12.2021 USK (06.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2