Madras High CourtCRL OP(MD)/20723/2021allowed

Chinnathambi v. The Inspector Of Police

2022-03-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.20723 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.20723 of 2021 and Crl.M.P.(MD)No.11818 of 2021

1. Chinnathambi

2. Sankar @ Saravanan

3. Geetha @ Geethalakshmi ... Petitioners Vs.

1. The Inspector of Police, Thottiyam Police Station, Tiruchirappalli District.

2. Periyasamy ... Respondent/Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records of the case in Summon Dated. 10.12.2021 U/s. 91,160,41(A) on the file of the R1 Police Station, Thottiyam, Tirchy and quash the same as for as the petitioners concern.

For Petitioner : Mr.C.Iyyaparaj For R1 : Mr.B.Thanga Aravindh, Government Advocate, (Criminal Side)

ORDER

This Criminal Original Petition has been filed to quash the summon dated 10.12.2021, under Section 91, 160, 41(A) Cr.P.C, on the file of the R1 Police Station, Thottiyam, Tirchy and quash the same as for as the petitoners concern 2.It seems that the third respondent lodged a complaint and on receipt of the same, the first respondent issued summons, for enquiry. The only ground raised by the petitioners is that before registration of FIR, summon cannot be issued under Section 160, 91, 41(A) of Cr.P.C. It is also seen that the third petitioner also lodged complaint before the Land Grabbing Cell, Trichy against the second respondent and the second petitioner was called for enquiry and the enquiry is pending.

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

Crl.O.P.(MD)No.20723 of 2021 3.In view of the above, the impugned order cannot be sustained. Accordingly, this Criminal Original Petition is allowed and the summon dated 10.12.2021, under Section 91, 160, 41(A), issued by the R1 Police Station, Thottiyam, Tirchy, is hereby quashed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1. The Inspector of Police, Thottiyam Police Station, Tiruchirappalli District.

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

Crl.O.P.(MD)No.20723 of 2021 and Crl.M.P.(MD)No.11818 of 2021 11.03.2022 MGJ(25.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/