Section 482 CrPC petition filed to quash FIR regarding document creation in a pending civil property dispute. Court permitted investigation to conclude pending final court decision.
Petition dismissed; connected miscellaneous petition closed.
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Crl.OP.No.22078 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.22078 of 2023
and
Crl.MP.No.15318 of 2023
1. D.Solomon Selvaraj 2. Pushparaj 3. Mary 4. Pushpa 5. David Raj ... Petitioners Vs.
1. State rep by its Inspector of Police, Central Crime Branch, Tambaram Police Commissionerate Semmozhli Salai, Sholinganallur, Chennai-600 119.
2. R.Bhagwan Singh ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records culminated in the impugned FIR in Cr.No.5 of 2023 dated 18.07.2023 on the file of the first respondent police and quash the same as against the petitioners/accused 1, 3 to 6.
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For Petitioner : Mr.Jeyasakathi For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)
O R D E R
Alleging that for the Civil dispute, the respondent police has
registered an F.I.R in Cr.No.5 of 2023 on 18.07.2023 and claiming that by receiving the criminal complaint, the petitioner is subjected to face an ordeal of criminal prosecution which is contrary to the principle laid down by the Hon'ble Supreme Court rendered in State of Haryana /Vs/ Bhajanlal reported in (1992) 1 SCC 335, the present Criminal Original Petition has bee filed.
2. However, the learned Government Advocate (Crl.Side) submits that the property which originally belong to one Paul Selvanayagam been claimed by Abraham and by two of his descendants under two different set of deeds. Investigation been now taken up and on the verge of completion. If any criminal offence is made out, the Investigating Officer will file final report appropriately.
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Crl.OP.No.22078 of 2023
3. Taking note of the fact that pending civil dispute in Supreme Court, some documents been created by the rival claimants to favour their interest and that is now the subject matter of investigation in F.I.R Cr.No.5 of 2023. In such circumstances, investigation cannot be interfered under Section 482 of Cr.P.C and law should take its own and reach its logical end, by permitting the Investigating Officer to complete the investigation and place before the Court the records for its consideration. Hence, this petition is dismissed. Consequently, the connected miscellaneous petition is closed.
Vv
10.10.2023
To
2. The Public Prosecutor, High Court of Madras, Chennai.
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Crl.OP.No.22078 of 2023
Dr.G.JAYACHANDRAN,J.
Vv
Crl.OP.No.22078 of 2023
10.10.2023
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1 issue framed by the court
Whether criminal prosecution qua document creation in a pending civil dispute should be quashed under Section 482 CrPC.
Colour shows how this judgement treated each authority
State of Haryana v. BhajanlalApplied¶18
(1992) 1 SCC 335 · Who else cites this
1 provisions across 1 enactments
D.Solomon Selvaraj
State
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
