M.Samraj Jesudoss v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM:

THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN and Crl.M.P(MD)No.4564 of 2021 1.M.Samraj Jesudoss 2.S.Pritty Elizabeth Santha Devi .. Petitioner/A3 &A4 Vs.

1. The Inspector of Police, Tiruchirappalli Fort Police Station, Tiruchirappalli-620002.

..1st Respondent/Complainant

2. Lawrence Edward Raj .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the FIR in Crime No.166 of 2020 on the file of the 1st respondent police 1/6

dated 19.03.2020 and quash the same as illegal. For Petitioner : Mr.Shangar Murali For R1 : Mr.M.Muthumanikkam, Government Advocate(Criminal Side) For R2 : Mr.T.Lenin Kumar

ORDER

The petitioners/A3 and A4 have filed this petition to quash the Crime No.166 of 2020, pending on the file of the first respondent police, wherein they are said to have committed the offence under Sections 147, 294(b), 447, 465, 468, 471 and 506(ii) IPC.

2. The case of the Prosecution is that the 2nd respondent herein is doing the business of buying and selling of used old cars. He has entered into an otthi deed in the year 2019 with one A.K.Mohammed Fazlook, son of A.K.Kuthoosh, in respect of the land comprising 0.30 cents in Sinthamani Survey Nos.4 and 7 near Karur By-pass Road and he has been using the said land for the storage of old used cars. For nearly 15 2/6

days, since he was engaged in some other duty, he did not go to the said land. Suddenly, on 18.03.2020, he received a phone call from the son of his land owner A.K.Mohammed Fazlook regarding the entry of some trespassers into his premises and their attempt to occupy the said property. Hence, on the next day, ie., on 19.03.2020 the 2nd respondent, his land owner and his son went to the said place and they have seen nearly 20 persons were cleaning the land, when they questioned the same, the petitioners and other accused persons abused them using filthy language and threatened them with dire consequences. Hence, the complaint.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal side) submitted that after completion of investigation, final report has been filed before the learned Judicial Magistrate No.I, Trichy, and the same is yet to be taken on file.

4. Recording the submission made by the learned Government Advocate (Criminal side), this Criminal Original Petition stands closed 3/6

with liberty to the petitioners to work out their remedy in the manner known to law. Consequently, connected miscellaneous petition is closed.

13.04.2023 NCC : Yes/No Internet: Yes/No Index : Yes/No PJL To

1. The Inspector of Police, Tiruchirappalli Fort Police Station, Tiruchirappalli-620002.

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

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K.K.RAMAKRISHNAN,J.

PJL Crl.OP(MD)No.8889 of 2021 and Crl.M.P(MD)No.4564 of 2021 13.04.2023 6/6