Madras High CourtCRL OP(MD)/8956/2021disposed of

A.Subramaniyan v. The Inspector Of Police

2021-07-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.8956 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8956 of 2021 and Crl.M.P.(MD)No.4577 of 2021

1. A.Subramaniyan

2. S.Tamilselvi

3. S.Gunasekar ... Petitioners/1st to 3rd Accused Vs.

1. The Inspector of Police, Inamkulathur Police Station, Trichy.

...1st Respondent/Complainant (Crime No.21/2019)

2. Selvaraj @ M.Maruthamuthu ...2nd Respondent/Defacto Complianant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the impugned First Information Report in Cr.No.21 of 2019 on the file of the respondent Police and quash the same as illegal and devoid of merits.

For Petitioner : Mr.T.A.Punithan For R1 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition is filed seeking quashment of FIR in Cr.No.21 of 2019 on the file of the respondent Police.

2. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that the defacto complainant and the petitioners are neighbours and the defacto complainant, being the politically influenced person, without proper and genuine reasons, has lodged the complaint as against the petitioners and the same is registered in Crime No.21 of 2019 for the offences punishable under Sections 447, 294(b), 324 and 506(2) IPC. Even after the lapse of two years, no investigation has been completed and no final report has been filed so far. Because of the pendency of this case, the first petitioner lost his promotion and the third respondent also lost his job.

3. The learned Additional Public Prosecutor submits that it is a case in counter and in respect of the complaint given by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8956 of 2021 petitioners, a case in Crime No.26 of 2019 has also been registered and the Police are waiting for the wound certificate to be received and within a month, they will file the final report before the concerned Court.

4. Considering the facts and circumstances of the case and also considering the nature of offence, this Court is of the view that the quashment of FIR is not possible. However, there shall be a direction to the first respondent to complete the investigation and file a final report before the concerned Court, within a period of one month from the date of receipt of a copy of this order. Let the compliance report be submitted to the Registry of this Court thereafter.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy Note : In view of the present lock down owing to COVID-19 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, Inamkulathur Police Station,Trichy.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to The Registrar Judicial, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.8956 of 2021 08.07.2021 CM(CO) KB(14.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2