Madras High CourtCRL OP(MD)/7833/2015dismissed

V.Seenivasan v. The Inspector Of Police

2020-01-22Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO. 7833 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.7833 of 2015 and CRL.M.P.(MD)No.1 of 2015 V.Seenivasan ... Petitioners/Sole Accused Vs.

1. State represented by, The Inspector of Police, Aruppukottai Town police station, Virudhunagar District.

(Crime No.685 of 2013) ... Respondent/Complainant

2. A.Seethalakshmi ... Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the First Information Report pertaining to the case in Crime No.685 of 2013 on the file of the first respondent police and quash the same.

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

For R-2 : Mr.Babu Rajendran

O R D E R

The petitioner challenges the First Information Report in Crime No.685 of 2013 on the file of the Inspector of Police, Aruppukottai Town police station, Virudhunagar District, registered for the offences under Sections 406 and 420 of I.P.C.

2. The petitioner's counsel states that there is a civil dispute between the petitioner and the second respondent and that the same has been given a criminal colour.

3. Per contra the learned counsel appearing for the second respondent points out that at the instance of the petitioner, she has been facing a host of criminal prosecutions and when she filed quash petitions, this Court relegated her to work out her remedy before the Court below.

4. I am of the view that the same yardstick should be applied in the case of the petitioner also. The petitioner has come to this Court at the stage of investigation.

5. The petitioner's counsel reiterated the contentions set out in the memorandum of grounds. The same are factual in nature. It https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO. 7833 OF 2015 would not be open to this Court to appreciate the same. Leaving open all the contentions and the defences of the petitioner, the criminal original petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Inspector of Police, Aruppukottai Town police station, Virudhunagar District.

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

+1 CC to M/s.BABU RAJENDRAN, Advocate ( SR-2504[F] +1 CC to M/s.S.RAMASAMY, Advocate ( SR-2695[F] dated 23/01/2020 ) Crl.O.P.(MD)No.7833 of 2015 22.01.2020 SMA/05/06/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/4