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Madras High CourtCRL OP(MD)/11419/2024closed

A.Mohamed Shariff Sate v. The Inspector Of Police

2024-07-25Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD) No.11419 of 2024 A.Mohamed Shariff Sate ... Petitioner Vs 1.The Inspector of Police, K.Pudur Police Station, Madurai.

2.Noor Mohamed

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in Crime No. 519/2022 pending on the file of the 1st respondent police and quash the same.

For petitioner : Mr.G.Kalidasan, For R1 : Mr.M.Sakthi Kumar Government Advocate(Crl.side)

O R D E R

The petitioner/accused has moved this application to quash the proceedings in Crime No. 519 of 2022, pending on the file of the first respondent police.

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2.The petitioner is the tenant of the defacto complainant. However, without the knowledge of the defacto complainant, the petitioner is said to have hired the premises of the defacto complainant for the purpose of installing ATM Centre.

3.According to the defacto complainant, the petitioner has created some forged document and entered into an agreement with State Bank of India for installing an ATM Centre.

4.The learned counsel for the petitioner submits that there is a dispute between the landlord/defacto complainant and the petitioner and now they have amicably settled the issue. 5.This Court considered the rival submissions made. 6.The petitioner claims that he has entered into an agreement with the landlord/the defacto complainant. However, the case has been registered that the petitioner has created some forged document and entered into an agreement with State Bank of India for installation of an 2/4

ATM Centre. The petitioner has filed this application to quash the proceedings in FIR. The petitioner shall furnish all the materials before the respondent police and the respondent police shall take a call on the same, during the course of investigation and if the respondent police finds out that any forged document has been created by the petitioner, it is open to the respondent police to file a final report. On such event, this petitioner is at liberty to challenge the same, in the manner known to law. 7.With the above directions, this Criminal Original Petition is disposed of.

25.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The Inspector of Police, K.Pudur Police Station, Madurai.

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

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD) No.11419 of 2024 25.07.2024 4/4