Thirunavukkarasu v. The State Of Tamilnadu, Rep. By The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.11963 of 2025 and Crl.MP(MD) No.9195 of 2025 Thirunavukkarasu ... Petitioner Vs 1.The State of Tamilnadu, Rep.By the Inspector of Police, Palanichettipatti Police Station, Theni District.
(Crime No.445 of 2024).
2.S.Sindhuja @ Dhanalakshmi
...Respondent
Prayer : Criminal Original Petition filed under Section 528 of BNSS, to quash the FIR in Crime Number 445/2024 dated 02.11.2024 on the file of the 1st respondent police as against the petitioners. For Petitioner : Mr.K.R.Manimaran For R1 : Mr.P.Kottaichamy Government Advocate (Crl.side)
O R D E R
The petitioner/A3 in Crime No. 445 of 2024, on the file of the first respondent police has filed this application to quash the above proceedings pending as against him.
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2.The learned counsel for the petitioner submits that the second respondent /the defacto complainant has filed a civil suit as against this petitioner and has lost the suit. The appeal preferred by the second respondent before the first appellate Court was also negatived. Thereafter, he has lodged this false complaint, by referring to the document, which has been marked in the civil proceedings as it is a forged one. The respondent police has also mechanically registered the case as against this petitioner. The learned counsel further submits that the documents sought to be verified is a document of the year 2011 and the same has been marked before the civil court. 3.Mr.P.Kottaichamy, learned Government Advocate (Crl.side), who takes notice for the first respondent submits that the allegations as against this petitioner is that the document of the year 2012 has been created, by using a stamp paper, dated 04.11.2011, that there was an agreement in the year 2005. Therefore, they have registered the case and conducting the investigation.
4.This Court considered the rival submissions made and also perused the materials placed on record.
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5.The case in Crime No.445 of 2024 is only at the stage of investigation. At this stage, with this averment, this Court is not inclined to quash the proceedings, which is pending as against this petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. The petitioner is at liberty to produce the materials, if any, before the investigation officer to substantiate his contentions. The respondent police are not supposed to conduct the investigation with the materials, which has been placed by the defacto complainant and his witnesses alone. During the course of investigation, they have to find out the truth. The respondent police is directed to consider the grounds raised by this petitioner in this petition, during the course of investigation. In the event, if any final report is filed, then it is always open to the petitioner to challenge the same. Consequently, connected miscellaneous petitions is closed.
16.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn 3/5
To The Inspector of Police, Palanichettipatti Police Station, Theni District.
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B.PUGALENDHI,J vrn Order made in Crl.O.P.(MD)No.11963 of 2025 and Crl.MP(MD) No.9195 of 2025 16.07.2025 5/5