Madras High CourtCRL OP(MD)/13470/2021disposed of

Wasim Khan v. The Inspector Of Police

2021-09-14Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.13470 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14/09/2021

CORAM:

THE HONOURABLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13470 of 2021 and Crl.M.P(MD)No.6999 of 2021 Wasim Khan ... Petitioner/sole Accused Vs.

1. State Rep. by, The Inspector of Police, Kenikkari Police Station, Ramanathapuram District.

(In Crime No.271 of 2021) ... 1st Respondent/ Complainant

2. Rilwana Begam ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the case registered in First Information Report in Crime No.271 of 2021 on the file of the 1st Respondent and quash the same as illegal. For Petitioner : Mr.B.Arun For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

O R D E R

This petition is filed seeking quashment of the First Information Report in Crime No.271 of 2021 on the file of the 1st Respondent.

2.The learned counsel for the petitioner would submit that the petitioner is a Contractor of a building construction work. After completion of the building construction work, the defacto complainant has not paid balance amount to the petitioner because of that trouble arose between them over which a false complaint has been given.

3. The learned Government Advocate (Crl.side) would submit that investigation has been completed and final report is made ready on 10.05.2021 and awaiting for the process to be completed.

4. Whether the allegation made in the complaint are true or not is matter for consideration, during investigation and trial. In this petition, the petitioner has stated only false complaint has been lodged against him, except that, no other materials are available to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13470 of 2021 show that the allegations are improbable. Truth or otherwise of the complaint by the second respondent will be found out only during the course of investigation and since investigation has already been concluded, the petitioner has to wait till final report is filed and then he is at liberty to work out his remedy through appropriate proceedings before appropriate forum.

5. With the above said liberty, this petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) CM To,

1. The Inspector of Police, Kenikkari Police Station, Ramanathapuram District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD)No.13470 of 2021 and Crl.M.P(MD)No.6999 of 2021 14.09.2021 RD(4.10.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2