S.Rajesh Kanna v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.250 of 2022 and Crl.M.P.(MD).No.152 of 2022 S.Rajesh Kanna ... Petitioner /Accused No.2 Vs.

1.The State through the Inspector of Police, Anna Nagar Police Station, Madurai.

2.Abubakkar

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR filed in Crime No.1867 of 2020 of Anna Nagar Police Station, Madurai and quash the same insofar as the petitioner is concerned.

For petitioner : Mr.S.K.Mani For R-1 : Mr.P.Nambiselvan, Additional Public Prosecutor For R-2 : No Appearance 1/4

O RDER This Criminal Original Petition has been filed to quash FIR in Crime No.1867 of 2020 for the offences punishable under Sections 109, 120(b), 167, 177, 182, 193, 196, 465 and 466 r/w 34 of I.P.C., on the file of the first respondent Police insofar as the petitioner is concerned.

2. The case of the prosecution is that the petitioner / Accused No.2 herein, who is a practising Advocate, has forged the signature of the defacto complainant in a notice sent by the Court. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that totally there are three accused in this case. He would further submit that the petitioner is a practising Advocate. He would further submit that the petitioner did not commit any offence as alleged by the prosecution. He would further submit that this Court may issue a direction to the respondent Police to conclude the investigation as expeditiously as possible.

4. The learned Additional Public Prosecutor appearing for the first respondent Police would submit that the investigation is going on.

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5. This Court, without going into the merits of the case, directs the respondent Police to conclude the investigation within a period of four (4) weeks from the date of receipt of a copy of this order, after providing an opportunity to the petitioner and the defacto complainant. The respondent Police is further directed not to arrest the petitioner till conclusion of the investigation.

6. At this juncture, the learned counsel appearing for the petitioner would submit that the third respondent, who is the Bailiff in the Melur Sub Court, was exonerated from the charges. The petitioner is directed to produce the said order copy before the respondent Police at the time of conducting the investigation.

7. With the above observations, the Criminal Original Petition stands disposed of. Consequently, the connected miscellaneous petition is closed.

18.01.2024 Index : Yes/No Internet : Yes/No TSG 3/4

M.DHANDAPANI. J.

TSG To 1.The Inspector of Police, Anna Nagar Police Station, Madurai.

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

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