Petition to quash an FIR alleging a civil dispute was given criminal colour. The court noted the police had completed investigation and filed the final report under Sections 447, 294(b) and 506(2) IPC; without going into merits it disposed of the petition with liberty to raise defences at trial.
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Crl.OP.No.10461 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
CRL.OP.No.10461 of 2024
and
CMP.No.7148 of 2024
1.Sakkubai 2. N. Ramkumar ... Petitioners
Vs.
1.State Rep by Inspector of Police, Thiruthuraipundi Police Station, Thiruvarur.
2. Subramanian ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records of the FIR in Cr.No.34 of 2020 on the file of the 1 st respondent and quash the same.
For Petitioners : Mr.R.Krishnamurthy
For Respondents : Mr.K.M.D.Muhilan for R1 Government Advocate (Crl.Side)
O R D E R
This Petition is filed to quash the FIR in Cr.No.34 of 2020
pending investigation by the first respondent.
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Crl.OP.No.10461 of 2024
2. The learned counsel for the petitioners states that it appears that
the civil dispute has given a criminal colour and contrary to the guidelines
of the Hon'ble Supreme Court, the police has taken up the investigation.
3. The learned Government Advocate (Crl.Side), per contra, states that since there was a prima facie material to investigate the cognizable offences, FIR was registered and on completion of investigation, final report filed on 29.04.2024 for the alleged offences punishable under Sections 447, 294 (b) and 506 (2) of IPC.
4. In the light of the fact that the police has completed the investigation and being satisfied that there is a material to proceed with the accused, without adverting to the merits of the petition, this Criminal Original Petition is disposed of with liberty to the petitioner to canvass the point of defence before the trial court. Consequently, connected miscellaneous petition is closed.
04.06.2024
Index : Yes/No Speaking/Non speaking gv To
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Crl.OP.No.10461 of 2024
2. The Public Prosecutor, High Court of Madras, Chennai.
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Crl.OP.No.10461 of 2024
Dr.G.JAYACHANDRAN,J.
Gv
CRL.OP.No.10461 of 2024 and CMP.No.7148 of 2024
04.06.2024
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1 issue framed by the court
Should the FIR in Cr.No.34 of 2020 pending investigation be quashed as a civil dispute given criminal colour?
2 provisions across 2 enactments
Sakkubai
N. Ramkumar
State Rep by Inspector of Police, Thiruthuraipundi Police Station, Thiruvarur
Subramanian
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
