Advocates:
['M/S R POORNIMA', 'ADDITIONAL PUBLIC PROSECUTOR', '', 'M RAJKUMAR', 'L PREMKUMAR', 'E IYAPPAN', 'M/S T MURUGANANTHAM']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.04.2022

CORAM

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

CRL.OP NO.4634 OF 2019

& CRL MP.NO.2741 OF 2019

1.T.V.Vadivel

2.Sridevi

.. Petitioners

Vs

1. The State rep by

The Inspector of Police,

Anti Land Grabbing Special Cell,

Namakkal District.

2.

Hariharan

.. Respondents

Prayer:-

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

to call for the records relating to Crime no.26 of 2017, on the

file of Anti Land Grabbing Special Cell, DCB Police Station,

Namakkal and quash the same.

For Petitioners

:Mr.T.L.Thirumalaisamy for

Ms.R.Poornima

For Respondents :Mr.R.Vinothraja, GA for R1

Mr.M.Rajkumar for R2

ORDER

This petition has been filed under Section 482 Cr.P.C., to

call for the records relating to Crime no.26 of 2017, on the

file of Anti Land Grabbing Special Cell, DCB Police Station,

Namakkal and quash the same.

2.Heard the learned Counsel for the Petitioner and the

learned Government Advocate appearing for the Respondent police.

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3.The learned Counsel for the Petitioners submitted that

this petition had been filed to quash the FIR in Crime no.26 of

2017 on the file of the Anti Land Grabbing Special Cell, DCB

Police Station, Namakkal. The learned Counsel invited the

attention of this Court to the contents of the FIR. He further

submitted that a civil suit had been filed by the defacto

complainant against the petitioners herein before the Court of

the learned District Judge, Namakkal in O.S.No.25 of 2018. A

copy of the plaint is enclosed in the typed set of papers in

page nos.11 to 31. It is purely a civil dispute regarding the

purchase of property through an agreement of sale entered into

between the petitioners herein, the defacto complainant and his

brothers. The learned Counsel for the Petitioner therefore,

submitted that it is a fit case to quash the FIR.

4.The learned Government Advocate(Cri.side) submitted that

the investigation has been completed and a charge sheet has also

been filed on 18.04.2018 itself and the same was taken on file

on 09.09.2020.

5.The learned Counsel for the Petitioner submitted that at

the time of admission, interim stay was granted by this Court.

6.Further, the learned Government Advocate (Crl.side)

submitted that on the date of filing of this petition itself, a

final report of the investigation has been laid before the Court

concerned. Further, the learned Government Advocate(Crl.side)

furnished a CD file, wherein, it has been stated that charge

sheet had been filed on 18.04.2018 and the same was taken on the

file of learned Judicial Magistrate, Anti Land Grabbing Special

Cell, DCB Police Station, Namakkal in CC No.53 of 2020. He

further submitted that interim stay was granted at the admission

stage itself. Considering the fact that the final report laid

before the Court of learned Judicial Magistrate(Special Court),

Anti Land Grabbing Special Cell, DCB Police Station, Namakkal,

now at this stage, the FIR cannot be quashed.

7. Accordingly, this petition is dismissed, with a direction

to the learned Judicial Magistrate, Anti Land Grabbing Special

Cell, DCB Police Station, Namakkal, to consider the application

filed at the time of hearing the arguments regarding the framing

of charges regarding the claim of the petitioners herein, who

are the accused before the Court concerned. Though it is purely

a civil dispute, wherein, suit had also been filed and pending

on the file of the learned District Judge, Namakkal prior to

this complaint and therefore, the learned Judicial Magistrate

shall also consider the same at time of disposal of the case.

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8.With the above direction, this petition is dismissed.

Consequently, connected miscellaneous pe