The Court did not quash the FIR but directed the police to complete the investigation in 12 weeks, allowing parties to produce relevant records from connected civil suits and writ petitions.
Direct the law enforcing agency to complete investigation in 12 weeks; direct parties to cooperate and produce records.
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 : 21.02.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No. 699 of 2015
and
MP.No. 1 of 2015
R.Jayachandran ... Petitioner/Accused
Vs.
1.State by : The Inspector of Police
S-8, Adambakkam Police Station,
Adambakkam, Chennai 600 088.
2.P.Deekaram ... Respondents
Prayer: Petition filed under Section 482 of Cr.P.C., seeking to call for the records of FIR in Crime No.1769 of 2014 pending investigation on the file of the first Respondent and quash the same.
For Petitioner : Mr.G.Krishnakumar For Respondents :.Mr.C.Iyyapparaj, APP for R1 : Mr.R.Sankarasubbu for R2 ORDER
This petition has been filed by the petitioner, seeking to call for the records of FIR in Crime No.1769 of 2014 pending investigation on the file of the first Respondent and quash the same.
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3.The learned counsel appearing for the petitioner states that though the defacto complainant filed a complaint before the law enforcing agency on the ground that they obtained a patta from the Tashildar, which was challenged by the petitioner, by filing a writ petition before this Court in WP.No.13302 and 13303 of 2015 praying to issue a writ of certiorarified Mandamus calling for the records of the second respondent in Na.Ka.No.1755/2013/A and quash the order dated 04.06.2013 passed therein and directing the respondents 2 and 4 to filed Register (TSFR) of Adambakkam Village pertaining to survey No.71/1 and 71/3 corresponding to T.S.No.184/13, the consequential inclusion and restore the name of the petitioners in the same as it stood, which was allowed. In such circumstances, it is prayed that this Court may produce necessary proof to establish his title over the property and further submitted that such proof shall be placed along with the copy of the order passed by this Court in WP.No.13302 and 13303 of 2015 and the Law enforcing agency may be directed to decide the matter in accordance with law. He would submit that a suit was filed by the respondent in O.S.No.582/1997 which also ended in favour of the petitioner.
4.The learned counsel appearing for the private respondent also prays this Court to permit the respondent to produce all the records which are relevant to this matter before the law enforcing agency.
5.The learned Additional Public Prosecutor on instructions stated that initially this case was registered against the petitioners and thereafter charge sheet was filed before the concerned civil Court, which was returned raising some queries. Hence he prays this court to issue appropriate direction to redo the exercise in view of the decision of this court in WP.No.13302 and 13303 of 2015.
6.Considering the limited request made by the learned counsel appearing on either side, this Court, without going into the merits of the case, is inclined to issue direction to the law enforcing agency to complete the investigation in Crime No.1769/2014, after giving opportunity to the petitioner and respondent, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner and the respondent are directed to co-operate with the law enforcing agency for early completion of the investigation by producing necessary records in their possession.
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Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
jrs
To
1.The Inspector of Police
S-8, Adambakkam Police Station,
Adambakkam, Chennai 600 088.
2.The Public Prosecutor,
High Court, Madras
+1 cc to Mr.G.Krishnakumar Advocate sr15936
Crl.O.P.No. 699 of 2015
and
MP.No. 1 of 2015
aa02/06/2020
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3 issues framed by the court
Whether the criminal proceeding should be quashed or the investigation be completed?
What directions should be issued regarding the production of records for the investigation?
How should the civil litigation regarding land title impact the criminal probe?
1 provisions across 1 enactments
R.Jayachandran
State by : The Inspector of Police
P.Deekaram
M.DHANDAPANI
M.DHANDAPANI
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
