Madras High CourtCRL OP(MD)/13390/2016dismissed

V. Sadayani v. The Sub Inspector Of Police

2020-02-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.13390 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.13390 of 2016 and Crl.M.P.(MD)No.6261 of 2016 V.Sadayandi ... Petitioner/Accused No.2 -vs1.The Sub Inspector of Police, Allinagaram Police Station, Theni.

...Respondent/Complainant

2.Veerammal ...2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to call for the records relating to the impugned FIR in Crime No.510 of 2014 dated 26.11.2014 on the file of the Sub Inspector of Police, Allinagaram Police Station, Theni, and quash the same. For Petitioners :

Mr.K.Appadurai For R1 : Mr.A.Robinson Government Advocate (Crl.side) For R2 : No appearance

O R D E R

The petitioner is figuring as A2 in Crime No.510 of 2014 on the file of the first respondent for the offences under Section 468, 471, 420 and 506(i) of IPC. The second respondent is the defacto complainant.

2. The case of the second respondent is that her father was employed as a Scavenger in the local municipality and that he had passed away. According to the second respondent, she is the only surviving legal heir. But taking advantage of the similarity of nomenclature, the first accused in this case is said to have received the death benefits payable in respect of her father. The petitioner herein Sadayandi is said to have facilitated the same. Therefore, the second respondent has given a complaint before the https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl.O.P.(MD)No.13390 of 2016 first respondent leading the registration of Crime No.510 of 2014. To quash the same, this Criminal Original Petition has been filed. 3.I am of the view that the allegations said out in the First Information Report are such that they will have to be necessarily investigated. It is not a case for quashing. 4.Leaving open the petitioner's defence and contentions, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) pnn To 1.The Sub Inspector of Police, Allinagaram Police Station, Theni.

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

+1 CC to M/s.K.APPADURAI, Advocate ( SR-7481[F] dated 21/02/2020 ) Crl.O.P.(MD)No.13390 of 2016 20.02.2020 AP(01/06/2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2