IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022

CORAM

THE HONOURABLE THIRU JUSTICE G.CHANDRASEKHARAN

Crl.O.P.Nos.20440 of 2015 and 24098 of 2016

and M.P.No.1 of 2015 and Crl.M.P.No.11458 of 2016

B.Jaikumar

... Petitioner in Crl.O.P No.20440 of 2015 &

2^nd respondent in Crl.OP No.24098 of 2016

Raja Sudhakar

... Petitioner in Crl.O.P.No.24098 of 2016 &

2^nd respondent in Crl.OP.No.20440 of 2015

vs

The State

Rep by Sub Inspector of Police,

K-4, Anna Nagar Police Station,

Chennai – 600 040. ... 1^st respondent in both the petitions

Prayer in Crl.O.P.No.20440 of 2015:

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

to call for the records and quash the proceedings in CC No.

9410/2014 dated 23.07.2014 on the file of the V Metropolitan

Magistrate Egmore Chennai - 8 for offences under Sections 294

(b) 323, 341 and 506(I) IPC as against the petitioner.

Prayer in Crl.O.P No.24098 of 2016:

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

to call for the records and quash the proceedings in

CC.4619/2011 on the file of the V Metropolitan Magistrate,

Egmore, Chennai-8.

For Petitioner in Crl.O.P. : Mr.G.Thyagarajan

No.20440/2015

& R.2 in Crl.O.P.No.24098

of 2016

https://hcservices.ecourts.gov.in/hcservices/

For petitioner in Crl.O.P

24098 of 2016 and

R-2 in Crl.O.P No.20440 of 2016 : No appearance

For 1^st respondent in

: Mr.R.Murthi

both the petitions

Govt. Advocate (Crl.Side)

COMMON ORDER

These petitions are filed to quash the proceedings pending

in C.C.Nos. 9410 of 2014 and 4619 of 2011 on the file of V

Metropolitan Magistrate, Egmore, Chennai.

Crl.O.P.No.20440 of 2015

This case came to be registered on the basis of the

complaint given by one B.Raja Sudhakar, the second respondent

herein. It is alleged in the complaint that the petitioner and

the second respondent are brothers. They have engaged in several

business activities and there is a dispute between them with

regard to holding of shares. It is also alleged that the

petitioner refused to give shares of the second respondent,

despite several negotiations conducted in the presence of close

relatives. In order to resolve the disputes between them, a

compromise talk was arranged in their sister's house at Anna

Nagar, Chennai on 04.09.2011 at about 3.00 p.m. The petitioner

came to his sister's house for negotiation. The second

respondent demanded his share and there was a quarrel between

them. The petitioner pushed the second respondent on the floor

and caused injuries, as a result, the second respondent

sustained simple injuries. On 30.12.2013, the petitioner made

criminal intimidation against him and his family members.

Therefore, the second respondent has preferred a complaint.

2. On the basis of the complaint, a case was registered in

Cr.No.2784 of 2013 for the offence punishable under sectiions

341, 294(b), 323 and 506(ii) IPC and after completing

investigation, the investigating officer filed final report

against the petitioner.

3. The learned V Metropolitan Magistrate, Egmore, Chennai

had taken cognizance of the case in C.C.No.9410 of 2014.

Challenging the order taking cognizance of the case, the present

petition has been filed to quash the same.

https://hcservices.ecourts.gov.in/hcservices/

4. Learned counsel for the petitioner submits that the

complaint was preferred after two years of the occurrence and

this complaint is given as a counter blast. The investigating

officer in this case, after registering the case, examined all

the witnesses on the same day, completed the investigation and

filed the final report. Learned counsel submits that the

investigating officer has not examined the material witness

viz., the petitioner's sister. There is no