Madras High Court
Ranganathan @ Ranga vs State Rep By on 4 January, 2022
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.No.25635 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.25635 of 2021
and
Crl.M.P.No.14238 of 2021
Ranganathan @ Ranga ... Petitioner
Versus
1.State rep by,
The Inspector of Police,
Villupuram Taluk Police Station,
Villupuram District,
Crime No.1257 of 2021.
2.A.Sangeetha ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records relating to the Crime
No.1257 of 2021 on the file of the Villupram Taluk Police Station,
Villupuram, quash the same by allowing this Criminal Original Petition.
For Petitioners : Mr.E.Iyappan
For Respondent : Mr.E.Raj Thilak,
Additional Public Prosecutor
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.25635 of 2021
ORDER
The petitioner/A2 in Crime No.1257 of 2021 on the file of the Villupuram Taluk Police Station, Villupuram has filed this quash petition, primarily on the point that the alleged occurrence had taken place on 19.09.2021 and F.I.R in Cr. No.1257 of 2021 has been lodged only on 24.09.2021. However, on 19.09.2021, the petitioner had gone to Ernakulam and he was staying in a hotel from 19.09.2021 to 28.09.2021, hence he could not have been present.
2. Due to a dispute with respect to the family property between the defacto complainant and her brother-in-laws, the petitioner has been falsely implicated. The petitioner had Railway Ticket Confirmation and Hotel Bills to support the case that at the time of incident, he was in Ernakulam. He further submitted that earlier, the petitioner's sister had lodged a complaint in Cr. No.1256 of 2021 and as a counter blast, this complaint be prosecuted against the petitioner.
3. Since the dispute is within the family members and the petitioner defence is that he was not present during the occurrence, his presence in the said incident has to be verified. Further, the respondent 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25635 of 2021 police to conduct the enquiry on both the complaints of the petitioner's sister as well as the counter complainant and if any cognizable offence is made out, register a case by following the Police Standing Orders 588 A, and steps has to be taken to investigate both the cases. In the event that the statement of the petitioner proves correct that he had stayed at Ernakulam and not being present in the scene of occurrence found during investigation, the name of the petitioner shall be deleted from the final report.
4. With the above direction, this petition is disposed of. Connected Miscellaneous Petition is closed.
04.01.2022 Index: Yes/No Internet: Yes/No rkp To
1.The Inspector of Police, Villupuram Taluk Police Station, Villupuram District,
2.The Public Prosecutor, High Court, Madras.
3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25635 of 2021 M.NIRMAL KUMAR, J.
rkp Crl.O.P.No.25635 of 2021 and Crl.M.P.No.14238 of 2021 04.01.2022 4/4 https://www.mhc.tn.gov.in/judis