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Madras High CourtCRL OP(MD)/7686/2016dismissed

Raj @ Philominraj v. The Inspector Of Police

2020-01-03Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.7686 OF 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.7686 & 7687 of 2016 and CRL.M.P.(MD)Nos.3950 & 3951 of 2016 Raj @ Philominraj ... Petitioners/Accused No.1 in both petitions Vs.

1. State rep by, The Inspector of Police, District Crime Branch, Tuticorin.

2. The Inspector of Police, Special Land Grabbing Cell, Tuticorin.

... Respondents1 & 2/Complainant in both petitions

3. C.M.Mariappan ... 3rd Respondent/ Defacto Complainant in Crl.O.P.(MD)No.7686 of 2016

4. C.Shanmugaraj ... Respondent / Defacto Complainant in Crl.O.P.(MD)No.7687 of 2016 Common Prayer: Criminal Original petitions filed under Section 482 of Cr.P.C, to call for the records and to quash the First Information Reports in Crime Nos.30 and 31 of 2011 on the file of the second respondent respectively, in respect of the petitioner.

(in both Crl.O.Ps.) For Petitioner : Mr.N.Anandakumar For R-1 & R-2 : Mr.A.Robinson, Government Advocate(Crl. Side).

O R D E R

The petitioner in both these criminal original petitions are one and the same. He is figuring as the first accused in both these cases.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.7686 OF 2016

2. The prosecution case is that two items of property belonging to one Loorthuraj were made the subject matter of a settlement deed by committing impersonation. It appears that the third accused had impersonated the said person. The petitioner is said to be the key person behind the entire operation. Therefore, these two cases have been filed.

3. The question of quashing the same does not arise. Only after the charge sheet is filed, one can weigh the material against the petitioner herein and grant relief. Even at the stage of investigation, it is not possible to quash the proceedings.

4. Leaving open all the petitioner's contentions and defences, the criminal original petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Inspector of Police, District Crime Branch, Tuticorin.

2. The Inspector of Police, Special Land Grabbing Cell, Tuticorin.

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

Crl.O.P.(MD)Nos.7686 & 7687 of 2016 and CRL.M.P.(MD)Nos.3950 & 3951 of 2016 03.01.2020 NA(CO) TR(19.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2