Madras High CourtCRL OP(MD)/14958/2021dismissed

Savudi v. The Inspector Of Police

2022-03-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.14958 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.14958 of 2021 and Crl.M.P(MD)No. 8005 of 2021 Savudi ... Petitioner/ Accused No.2 Vs.

1.The State represented by The Inspector of Police, K.Pudur Police Station, Madurai City.

(Crime No.93 of 2021) ... 1st Respondent/ Complainant

2. Vivek ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in Crime No. 93 of 2021 on the file of the respondent police and quash the same.

For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side) for R.1 Mr.A.Sivasubramanian for R.2

ORDER

This Criminal Original Petition has been filed to quash the FIR as against the petitioner/ Accused No.2 in Crime No. 93 of 2021 on the file of the first respondent for the alleged offences under Sections 420, 465, 468 and 471 IPC.

2. The learned counsel for the petitioner states that the property belonged to the defacto complainant was leased out to the petitioner and his son on agreement dated 15.09.2017 for three years after getting advance amount of Rs.5,00,000/- (Rupees Five Lakhs only) on Rs.50,000/- (Rupees Fifty Thousand only) per month as rent. But the accused let out some portion for sub let and constructed https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.14958 of 2021 some other rooms for rent and let out to third parties for sub rent in violation of the agreement. When the defacto complainant asked for eviction of the accused and other sub-tenants, they demanded huge amount to vacate the property. The petitioner is alleged to have said that he had already created fabricated documents and hence, he has no other way, except to give huge money. That apart, the petitioner fabricated the title deeds documents as if he is the owner of the property and entered into the lease agreement with third parties and received the same.

3. Considering the facts and circumstance of the case, this Court directs the first respondent police to complete the investigation in Crime No. 93 of 2021 and file a final report within a period of twelve weeks from the date of the receipt of a copy of this Order.

4. Therefore, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) mga Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The Inspector of Police, K.Pudur Police Station, Madurai City.

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

+1 CC to M/s.A.SIVASUBRAMANIAN, Advocate ( SR-9286[F] dated 01/03/2022 ) Crl.O.P(MD)No.14958 of 2021 01.03.2022 RD(21.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2