Patheswaran v. The Inspector Of Police

Crl.O.P.(MD) No.9942 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.9942 of 2022 and Crl.M.P(MD)No.6255 of 2022

1. Patheswaran

2. Karuppasamy

3. Ragul @ Ragulgandhi

4. Karthick

5. Ruthrakumar

6. Ajithkumar ... Petitioners/Accused Nos.1 to 3, 5 & 7 Vs

1. The Inspector of Police, Thiruppunavasal Police Station, Pudukottai District.

Crime No.3 of 2020.

... 1st Respondent / Complainant

2. K.Navaneethakrishnan ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to quash the FIR in Crime No.3 of 2020 on the file of the first Respondent.

For Petitioners : Ms. A.Devaki For Respondents : Mr.M.Sakthikumar, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction, to quash the FIR in Crime No.3 of 2020, on the file of the first respondent police.

2.The learned counsel appearing for the petitioner has submitted that in the FIR itself the complainant has stated that on 10.01.2020 itself, the defacto complainant's mother gave a complaint. Again on 11.01.2020, by suppressing the earlier complaint, this complaint has been given by the petitioner. In the complaint also he mentioned the name of some persons and 30 others kidnapped him. It is totally a false case and filed this petition to quash the same.

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Crl.O.P.(MD) No.9942 of 2022 3.The learned Government Advocate (Crl.Side) has submitted that the case is under investigation. Being an election related case, the investigation is yet to be completed and wants time to complete the investigation.

4.Heard the learned counsels and perused the records. I consider the the matter in the light of the above stated facts and perusal of records reveals the facts that the complainant Navaneethakrishnan gave a complaint before the first respondent police on 11.01.2020 at 09.30AM. He was a member in Ward No.6 in Panchayat. On 11.01.2020 an election was proposed to be conducted for selecting Deputy Panchayat President. For that purpose, the petitioner was kidnapped by Padeshwaran, Karuppasamy, Ragul, Saravanan, Karthick, Ruthrakumar and 30 other persons in a car. Since his mother gave a complaint before the police station, they released him. Thereafter, he came to the police station and gave a complaint and registered the case in Crime No.3 of 2020. 5.According to the learned Government Advocate (Crl.Side) investigation is still pending. Under these circumstances, I find no reasons to quash the FIR and there is also no merits in this petition.

6.Accordingly, this Criminal Original Petition stands dismissed. However, the first respondent police is hereby directed to complete the investigation, within four weeks, from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM To

1. The Inspector of Police, Thiruppunavasal Police Station, Pudukottai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

ORDER IN CRL.O.P (MD) No.9942 of 2022 08.06.2022 nsn(CO) TR(17.06.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2