Madras High CourtCRL OP(MD)/13335/2022disposed of

Narayanan v. The Inspector Of Police

2024-02-29Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.02.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.(MD)No.8509 of 2022 1.Narayanan 2.Chinnamuthu ... Petitioners Vs.

1.State Rep.by The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

2.Kathirvel ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the impugned FIR in Crime No.118 of 2022 dated 16.06.2022 on the file of the first respondent Police and quash the same insofar as the petitioners are concerned.

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For Petitioners : Mr.S.Selva Aditya For R1 : Mr.S.Manikandan, Government Advocate (Crl. Side) For R2 : M/s.G.Dhanalakshmi

ORDER

This Criminal Original Petition has been filed to quash the impugned FIR in Crime No.118 of 2022 dated 16.06.2022 on the file of the first respondent Police.

2.The case of the prosecution is that the second respondent is the owner of the property in S.No.430/2019. On 09.02.2018, the first petitioner conveyed the said property to the second petitioner by creating a bogus document. A3 & A4, who are former Tahsildar and Village Administrative Officer, helped the petitioners to mutate the revenue records illegally. Therefore, the second respondent preferred a complaint before the learned Magistrate under Section 156(3) Cr.P.C., and as per 2/5

direction of the learned Magistrate, the first respondent registered a case in Crime No.118 of 2022 for the offence under Sections 420, 465, 468, 471, 120B IPC. Challenging the same, the present petition came to be filed.

3.The learned counsel appearing for the petitioners submitted that the document in question has been cancelled by the first petitioner herein vide Doc.No.3262/2022 and hence, this Court may issue a direction to the first respondent Police to close the case as "Action Dropped".

4.The learned counsel appearing for the second respondent submitted that if the encumbrance is clear, this Court may direct the first respondent to close the case.

5.In view of the above submissions, this Court directs the petitioners and the second respondent to appear and produce the relevant documents before the first respondent Police. The first respondent Police is directed to hear the parties and verify the documents and if the first 3/5

petitioner cancelled the document in question, close the case in Cr. No.118 of 2022 as "Action Dropped". Accordingly, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

29.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns To 1.The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

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

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M.DHANDAPANI ,J.

gns 29.02.2024 5/5