J.Anthony Andrus v. The Sub 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.5757 of 2021 J.Anthony Andrus .. Petitioner/ Sole Accused Vs.

1.The State Sub Inspector of Police, Nilakottai Police Station, Dindigul, Crime No.438 of 2021 ... 1st Respondent/Complainant 2.Suguna W/o.Loorthu Rajendran ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records from the first respondent police in Crime No.438 of 2021 and quash the same as devoid of merits against the petitioner.

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For Petitioner : Mr.A.Haja Mohideen For R1 : Mr.M.Muthumanikkam Government Advocate For R2 : No appearance

ORDER

The petitioner/sole accused has filed this petition to quash the FIR in Crime No.438 of 2021 on the file of the first respondent, wherein he is said to have committed the offences under Sections 294(b), 323 and 506(1) of IPC.

2. The case of the prosecution is that there is a dispute with regard to partition of a property, between the petitioner and the second respondent. In the said circumstances, on 28.05.2021 when the petitioner was ploughing the land with a tractor, the second respondent's husband Loorthu Rajendran and their son Linuskevin went there and questioned the petitioner that how he can plough in their shares of land, for which, the petitioner abused the second respondent's husband and his son in filthy words and attacked them with a stick. On seeing the same, the Page No.2 of 5

second respondent rushed to the place and pacified them. At that time, she also got injury on her left hand and further the petitioner has threaten them with dire consequences. Hence, the complaint.

3. The learned Government Advocate (Criminal side) appearing for the first respondent submitted that after completion of investigation, final report has been filed and the same was taken on file as C.C.No.740 of 2022 on the file of the learned Judicial Magistrate, Nilakottai, Dindigul District.

4. Recording the same, this Criminal Original Petition stands closed with liberty to the petitioner to work out his 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 cp Page No.3 of 5

To 1.The Sub Inspector of Police, Nilakottai Police Station, Dindigul.

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

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K.K.RAMAKRISHNAN,J.

cp Crl.OP(MD)11289 of 2021 13.04.2023 Page No.5 of 5