Dismissed

Rathinasabapathy v. the State Rep by

Madras HC9 Jan 2024CRL OP/1344/2022

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR alleging demolition of a wall over a common passage, while a civil suit over the same issue was pending since 2014 with a Commissioner's report awaiting trial court consideration. The High Court held the dispute was essentially civil and the matter could be decided in the civil suit, but declined to quash the FIR at the preliminary investigation stage and dism

What the court decided

AI extract

Rathinasabapathy Vs the State Rep by — Quashing and FIR | Madras HC (2024)

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Crl.O.P.No.1344 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.01.2024

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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Crl.O.P.No.1344 of 2022

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and

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Crl.M.P.No.519 of 2022

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Rathinasabapathy

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Sivaramakrishnan

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Meena Rathinasabapathy

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... Petitioners

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Versus

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State rep. by Sub-Inspector of Police, G3 Kilpauk Police Station, Kilpauk, Chennai-600 010. (Crime No.139 of 2019)

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N.Thilagavathi

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... Respondents

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PRAYER : Criminal Original Petition filed under Section 482 of the

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Code of Criminal Procedure, to quash the F.I.R. filed in Crime No.139 of 2019 on the file of G3 Kilpauk Police Station, Chennai.

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Page No.1 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1344 of 2022

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For Petitioners : Mr.S.Rajendrakumar for M/s. Norton and Grant For Respondents : Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1

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Ms. R.Vaigai, Senior Advocate for Mr.A.Arun for R2

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ORDER

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This Criminal Original Petition has been filed seeking to quash the

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F.I.R. in Crime No. 139 of 2019 on the file of 1^st respondent police.

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Heard both sides.

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On perusal of records, it reveals that the demolition of wall is the

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issue between the parties with regard to a common passage and it is the allegation levelled against the petitioners in F.I.R.No. 139 of 2019. However, already a civil suit in O.S.No. 6626 of 2014 was filed and the same is pending between the parties from the year of 2014 alleging that demolition said to be happened by the defacto complainant. Moreover, in the said suit, Advocate Commissioner was appointed and a report was also filed in I.A.No.13848 of 2015. As per the commissioner's report, the

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Page No.2 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1344 of 2022

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learned counsel for 2^nd respondent would submit that the petitioners have encroached the property. But, all these years, the commissioner's report is pending before the trial court. However, during the pendency of trial proceedings, the F.I.R. was lodged as per the submissions of learned Government Advocate. If at all any such wall is demolished, it can be decided in a civil suit at the end of trial. So, at this stage, the proceedings initiated against the petitioners cannot be quashed as if investigation is at preliminary stage. Hence, this petition is liable to be dismissed. Accordingly, this Criminal Original Petition is dismissed as no merit. Consequently, connected Criminal Miscellaneous Petition is closed.

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09.01.2024

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Index: Yes/No Internet: Yes/No rpp

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Sub-Inspector of Police, G3 Kilpauk Police Station, Kilpauk, Chennai-600 010.

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The Public Prosecutor, High Court, Madras.

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Page No.3 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1344 of 2022

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T.V.THAMILSELVI, J.

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rpp

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CRL.O.P.No.1344 of 2022

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09.01.2024

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Page No.4 of 4

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https://www.mhc.tn.gov.in/judis

Rathinasabapathy v. the State Rep by

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Rathinasabapathy v. the State Rep by

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