Ramakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2024 CORAM :

THE HON'BLE MR JUSTICE A.A.NAKKIRAN 1.Ramakrishnan 2.Vasanthi ... Petitioners Vs.

1.State rep. by The Inspector of Police, Kurumbur Police Station, Thoothukudi District.

(Crime No.359 of 2020) 2.Sornamuthu ... Respondent PRAYER:- Petition filed under Section 482 Cr.P.C., to call for records and quash the same the FIR in Crime No.359 of 2020, dated 30.11.2020 on the file of the Inspector of Police, Kurumbur Police Station, Thoothukudi District as against the petitioners herein. For Petitioners : Mr. K. Veilmuthu For 2nd respondent : Mr.J. David Ganesan For 1st respondent : Mr. R.M.Anbunithi Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.359 of 2020, dated 30.11.2020 on the file of the Inspector of Police, Kurumbur Police Station, Thoothukudi District as against the petitioners herein.

2. The learned counsel appearing for the petitioners submitted that the 2nd respondent / defacto complainant and the first petitioners herein are brothers. Due to the property dispute, the 2nd respondent has given a false complaint against the petitioners and further, there is no whisper or allegation as against the 2nd petitioner, who is the wife of the first petitioner in the FIR and prays for allowing this petition.

3. The learned Government Advocate (Crl. Side) appearing for the first respondent submitted that already seven witnesses have been examined and three more witnesses alone is pending. He would further submit that within a month the final report will be filed before the concerned Court.

4. The learned counsel appearing for the 2nd respondent 2/4

submitted that the petitioners herein have created forged documents and cheated the defacto complainant and prayed for dismissal of this petition.

5. A perusal of the complaint it is seen that prima facie case is made out for registering the complaint. Apart from that, seven witnesses have already been examined and the learned Government Advocate (Crl. Side) has given an undertaking that the final report will be made ready within a month, this Court is not inclined to allow this petition.

6. Accordingly, the Criminal Original Petition is dismissed. 02.04.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp To

1. The Inspector of Police, Kurumbur Police Station, Thoothukudi District.

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

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A.A.NAKKIRAN, J.

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