Madras High CourtCRL OP(MD)/14811/2023dismissed

Ananth v. The Inspector Of Police

2023-08-14Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2023

CORAM:

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.14811 of 2023 and Crl.M.P(MD).No.11710 of 2023 Ananth ... Petitioner Vs.

1.The State rep.by The Inspector of Police, Salaigramam Police Station, Sivagangai District.

2.Ganesh Pichai The Village Administrative Officer, Samuthiram Revenue Group, Ilaiyangudi Taluk, Sivagangai District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records on the file of the respondent Police in Crime No.63 of 2023 and quash the same so far the petitioner is concerned.

For Petitioner : Mr.K.Saravanan For R1 and R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O RDER This Criminal Original Petition is filed seeking for quashment of Crime No.63 of 2023 on the file of the first respondent Police.

2. According to the prosecution, on 01.07.2023, the petitioner and the other accused persons have taken the sand in the patta land in Survey No.243 belonging to one Selvi, without obtaining permission by using JCB. Hence, a complaint has been registered against the petitioner and other accused persons.

3. According to the petitioner, JCB was placed in some other place which is 20 km away from the place of occurrence and the same was wrongly roped in this case. On this aspect, the petitioner has produced the photographs.

4. The said aspect is to be investigated by the Investigating Agency. At this stage, this Court has no power to look into the defence taken by the learned counsel appearing for the petitioner. However, a direction is given to the first respondent to consider the representation of the petitioner dated 04.07.2023 and the photographs, during the course of 2/4

enquiry and file a final report as quickly as possible.

5. Accordingly, this Criminal Original Petition is dismissed. Connected miscellaneous petition is closed.

Index : Yes/No 14.08.2023 Internet : Yes/No ssb To 1.The State rep.by The Inspector of Police, Salaigramam Police Station, Sivagangai District.

2. The Village Administrative Officer, Samuthiram Revenue Group, Ilaiyangudi Taluk, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

K.K.RAMAKRISHNAN,J ssb 14.08.2023 4/4