Madras High CourtCRL OP(MD)/4393/2015dismissed

M. Saravanan v. The State Rep. By

2019-09-27Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4393 of 2015 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4393 of 2015 and M.P(MD)No.1 of 2015

1. M.Saravanan

2. S.Packiyalakshmi ... Petitioners/ Accused Nos.1 and 2 Vs.

1. The State represented by, The Inspector of Police, Thirunagar Police Station, Madurai.

(Crime No.413 of 2014) ... Respondent/ Complainant

2. U.Malaichamy ... Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records/First Information Report pertaining to crime No.422 of 2014 on the file of the first respondent and quash the same.

For Petitioners : Mr.R.Narayanan For R-1 : Mr.A.Robinson, Government Advocate (Crl. Side).

For R-2 : No appearance.

* * *

O R D E R

The petitioners herein want this Court to quash the impugned First Information Report.

2. A mere reading of the First Information Report would indicate that there was a dealing between the first petitioner Saravanan and the defacto complainant. When the second respondent called upon the first petitioner to repay the borrowed amount, the first petitioner is said to have given the title deed belonging to the second petitioner. Except this, the second petitioner herein does not appear to have played any role in the transaction between the first petitioner and the defacto complainant.

3. In this view of the matter, the impugned First Information Report stands quashed as far as the second petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4393 of 2015 and is concerned. It will of course remain as far the first petitioner is concerned.

4. The Criminal Original petition stands partly allowed. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar (RECORD) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

1. The Inspector of Police, Thirunagar Police Station, Madurai.

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

+1 CC to MR.R. NARAYANAN, Advocate ( SR-90823[F] dated 01/10/2019 ) Crl.O.P.(MD)No.4393 of 2015 27.09.2019 KM/(07.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2