Muthu Murugan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.6317 of 2024 and CRL.M.P.(MD).No.4777 of 2024 Muthu Murugan

...Petitioner

Vs 1.The Sub Inspector of Police, Malli Police Station, Virudhunagar District.

(Crime No.42 of 2024) 2.A.Saravana raja

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records of the 1st respondent's First Information Report in Crime No.42 of 2024 on the file of Inspector of Police, Malli Police Station, Virudhunagar District and quash the same. For Petitioner : Mr.S.Bhuvaneswari For R1 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/5

O R D E R

The accused in Crime No.42 of 2024 has filed this application to quash the FIR pending against him.

2.The learned Counsel appearing for the Petitioner submitted that the petitioner is the owner of the property. Due to civil dispute with regard to the property between the petitioner and the de-facto complainant, a false complaint has been foisted against the petitioner. 3.The learned Government Advocate (Criminal Side) submits that the case was registered only on 12.03.2024 and it is a matter for investigation. 4.This court considered the rival submissions made. 5.The case is pending at the stage of investigation. The grounds raised by this petitioner can very well be considered by the investigating officer during the course of investigation. The FIR is nothing but registering the complaint in the register of the Police. The purpose of investigation is to find out truth whether the complaint is genuine or not. The investigating 2/5

officer is expected to conduct the investigation in a fair manner by considering the evidence produced by the defacto complainant and the accused. The grounds raised by this petitioner herein can very well be appreciated by the investigating officer during the course of investigation. 6.The motto of the government in its emblem is Truth Alone Triumphs and therefore, it is the responsibility of every government servant including the investigating officer to discharge their duty as expected by the government and to ensure Truth alone Triumphs. 7.Therefore, this petition is closed with liberty to the investigating officer to conduct the investigation by considering the points raised in this application, during the course of investigation and shall conclude the investigation either by filing final report or with a closure report. Consequently, the connected miscellaneous petition is closed. NCC : Yes/No 25.04.2024 Internet:Yes/No Index:Yes/No jbr 3/5

To 1.The Sub Inspector of Police, Malli Police Station, Virudhunagar District.

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

4/5

B.PUGALENDHI , J.

jbr CRL.O.P (MD) No.6317 of 2024 and CRL.M.P.(MD).No.4777 of 2024 25.04.2024 5/5