Madras High CourtCRL OP(MD)/15697/2018dismissed

Vellaisamy v. The Inspector Of Police

2018-09-04Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.15697 of 2018 and CRL MP(MD)No.6944 of 2018

1) Vellaisamy

2) Manoharan

3) Murugan

4) Thangarasu ... Petitioners/ Accused 1,2,4 & 5 Vs.

1) The State represented by The Inspector of Police, Anti-Land Grabbing Special Cell, Campus of District Crime Branch, Pudukkottai District.

2) The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

(Crime No.338 of 2016) ... Respondents 1&2/Complainants

3) Kannappan ... 3rd Respondent/ De-facto Complainant PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.338 of 2016 on the file of the Inspector of Police, Viralimalai Police Station, Pudukkottai District now pending investigation before the 1st respondent and to quash the same as against the petitioners.

For Petitioners : Mr.N.Balakrishnan For Respondents : Ms.S.Bharathi, Government Advocate(Crl., side)

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report (F.I.R.) in Crime No.338 of 2016 on the file of the second respondent.

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2. The allegations in the F.I.R. made out a prima facie case against the petitioners and therefore, there is no ground to quash

the F.I.R. at this stage.

3. The F.I.R. is of the year 2016 and the investigation is pending even now. The learned counsel for the petitioner would submit that the F.I.R is kept pending and the respondent police is pressurizing the 1st and 2nd petitioners to execute the sale deed in favour of the de-facto complainant. Therefore, the learned counsel would submit that the respondent police cannot give such pressure to the petitioners.

4. Considering the facts and circumstances of the case, this Court finds that there is no ground to quash the F.I.R. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Crl.M.P.(MD) No.6944 of 2018 is closed.

5. However, there shall be a direction to the 1st respondent to complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar (CS-I) To:

1) The Inspector of Police, Anti-Land Grabbing Special Cell, Campus of District Crime Branch, Pudukkottai District.

2) The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

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

+ 1 CC TO Mr.BALAKRISHNAN, ADVOCATE IN SR No. 82103 STS TE/SKN/SAR-1 : 27/09/2018 : 2P/5C Order made in Crl.O.P.(MD)No.15697 of 2018 04.09.2018 https://hcservices.ecourts.gov.in/hcservices/