Dinesh @ Dinesh Raj Karan vs The State Represented By on 2 April, 2024

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Madras High Court

Dinesh @ Dinesh Raj Karan vs The State Represented By on 2 April, 2024

Bench: B.Pugalendhi

                                                                          Crl.O.P.(MD) No.4474 of 2024


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 02.04.2024

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE B.PUGALENDHI

                                           CRL.O.P (MD) No.4474 of 2024
                                                      and
                                           CRL.M.P (MD) No.3522 of 2024


                     Dinesh @ Dinesh Raj Karan,                                      ... Petitioner

                                                           Vs

                     1. The State represented by
                     The Inspector of Police,
                     Paramakudi Town Police Station,
                     Ramanathapuram District.
                     Cr.No.41/2024.

                     2. M.Venkatesh,
                     Sub Inspector of Police,
                     Paramakudi Town Police Station,
                     Paramakudi,
                     Ramanathapuram District.                                    ... Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,

                     praying to direct the call for the entire records in relating to the impugned

                     FIR in Crime No.41 of 2024 on the file of the first respondent and to quash

                     the same in so far as the petitioner is concerned.

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https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.(MD) No.4474 of 2024


                                               For Petitioner   : Mr.M.S.Jeyakarthik
                                               For R1           : Mr.B.Thanga Aravindh
                                                                  Government Advocate (Crl. side)

                                                           ORDER

The accused in Crime No. 41 of 2024 has filed this application to quash the FIR pending against him.

2.The case of the prosecution is that on 01.02.2024, the accused has erected flex board near Kattu Paramakudi agriculture farm, that too without getting any permission from the authorities concerned. Hence the case was registered.

3.The learned Counsel for the petitioner submits that the first respondent did not state that the petitioner has erected objectionable advertisement in the flex board. Hence the offence under Section 4A(1)(a) is not made out. Therefore, continuing the prosecution is an abuse of process of law.

4.The learned Government Advocate (Criminal Side) submits that the case was registered only on 02.02.2024 and it is a matter for investigation.

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https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.4474 of 2024

5.This court considered the rival submissions made.

6.The case is pending at the stage of investigation. The grounds raised by this petitioner can very well be considered by the investigating officer during the course of investigation. The FIR is nothing but registering the complaint in the register of the Police. The purpose of investigation is to find out truth whether the complaint is genuine or not. The investigating officer is expected to conduct the investigation in a fair manner by considering the evidence produced by the defacto complainant and the accused. The grounds raised by this petitioner herein can very well be appreciated by the investigating officer during the course of investigation.

7.The motto of the government in its emblem is Truth Alone Triumphs and therefore, it is the responsibility of every government servant including the investigating officer to discharge their duty as expected by the government and to ensure Truth alone Triumphs.

8.Therefore, this petition is closed with liberty to the investigating 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.4474 of 2024 officer to conduct an investigation by considering the points raised in this application, during the course of investigation and shall conclude the investigation within a period of four months either by filing final report or with a closure report.

9.The grievance of the petitioner is that the investigation has been taken as against the petitioner alone. According to him, apart from the petitioner's flex board, five other flex boards were erected in the same area for the temple festival. However, action has not been taken as against the others. This grievance of the petitioner has also to be addressed by the respondent police by taking action against all the persons who have put up the flex board without permission.

10.Consequently, the connected miscellaneous petition is closed.

02.04.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.4474 of 2024 To

1. The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

2 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.4474 of 2024 B.PUGALENDHI, J.

LR CRL.O.P (MD) No.4474 of 2024 02.04.2024 6/6 https://www.mhc.tn.gov.in/judis

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