C. Selvakumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.19014 of 2022 and Crl.M.P.(MD).No.12819 of 2022 C.Selvakumar ... petitioner Vs.

1.State rep. By Sub-Inspector of Police, Tallakulam Town Police Station, Thallakulam, Madurai.

2.Lingeswari

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the proceedings of the impugned FIR in Crime No.682 of 2022 on the file of the first respondent police and quash the same.

For petitioner : Mr.K.Kannan For R-1 : Mr.S.Manikandan, Government Advocate (Criminal Side) 1/4

O RDER This Criminal Original Petition has been filed seeking to quash FIR in Crime No.682 of 2020 on the file of the respondent Police against the petitioner.

2. The learned counsel appearing for the petitioner would submit that due to the property dispute, a quarrel arose between the petitioner's and the defacto complianant's parties and they attacked each other and a case and case in counter came to be registered before the respondent Police. Challenging the case filed by the respondent Police against the petitioner herein, the present petition has been filed. He would further submit that in respect of counter case, the respondent Police has to necessarily follow Clause 566(ii) of the Police Standing Orders and this Court may issue a direction to the respondent Police to follow the procedure contemplated under 566(ii) of the Police Standing Orders and pass appropriate orders.

3. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that this Court may issue a direction to the respondent Police to follow the procedure contemplated under Clause 566(ii) of the Police Standing Orders. 2/4

4. In view of the above, this Court is inclined to grant permission to the petitioner to produce all necessary documents before the Investigating Officer and on such production, the Investigating Officer is directed to follow the procedure contemplated under Clause 566(ii) of the Police Standing Orders and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

5. Accordingly, the Criminal Original Petition stands disposed of. Consequently, the connected miscellaneous petition is closed.

19.03.2024 Index : Yes/No Internet : Yes/No TSG To 1.Sub-Inspector of Police, Tallakulam Town Police Station, Thallakulam, Madurai.

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

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M.DHANDAPANI. J.

tta 19.03.2024 4/4