Indian High Court allowed a Criminal Original Petition under Section 482 Cr.P.C. to quash an F.I.R. originating from a seven-year-old civil dispute regarding property rights and attest adjustments, ruling that effective investigation was no longer viable.
F.I.R. No. 60 of 2012 quashed; Criminal Original Petition allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH
CRL.O.P.No.4186 of 2018
and
Crl.M.P.No. 3139 of 2018
Ellar Sezhian ...Petitioner/Accused-3
Vs.
1.State rep.by
The Sub-Inspector of Police,
Central Crime Branch – II Team,
Chennai.
Crime No.60/2012.
2.A.Kotteeswaran ...Respondents/Complainant
PRAYER: Criminal Original Petition filed under Section 482
Cr.P.C. to call for the records in F.I.R.No.60 of 2012 on the
file of the 1 st respondent and quash the same.
For Petitioner : Mr.M.Selvam
For R1 : Mr.C.Iyyapparaj
Additional Public Prosecutor
R2 : No Appearance
*****
O R D E R
Heard the learned counsel for the petitioner.
Kancheepuram District. In the complaint, he has alleged that the petitioner herein along with one Krishnamurthy had the patta transferred in their names and for transformation of patta, he has alleged that they have agitated the complaint.
Sd/-
Assistant Registrar(CJ conf)
//True Copy//
Sub Assistant Registrar
bri
To
1.The Sub-Inspector of Police, Central Crime Branch – II Team, Chennai.
+1cc to Mr.M.Selvam, Advocate SR.82389
CRL.O.P.No.4186 of 2018 and Crl.M.P.No. 3139 of 2018
BS(CO) CB(23/10/2019)
2 issues framed by the court
Whether the First Information Report ought to be quashed on the grounds of civil nature of allegations and lapsed delay.
Whether the delay of seven years in finalizing the investigation warrants quashing under Section 482 Cr.P.C.
1 provisions across 1 enactments
Ellar Sezhian
State rep. by The Sub-Inspector of Police, Central Crime Branch – II Team, Chennai
A.Kotteeswaran
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
