IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.07.2010 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.O.P.No.14896 of 2010 and M.P.No.1 of 2010 K.S.K.Gupta . Petitioner Versus State represented by The Inspector of Police District Crime Branch Thiruvallur District. Respondent Criminal Original Petition filed under section 482 of Criminal Procedure Code to call for the records in Crime No.20 of 2010 on the file of the respondent and quash the same as against the petitioner. For Petitioner : Mr.T.Thirupurasundari For Respondent : Mr.A.Saravanan Govt.Advocate (Crl.Side) ******* O R D E R
The petitioner, who is one of the accused in case pending in Crime No.20 of 2010 pending on the file of the respondent seeks to quash the investigation in such case in so far as he is concerned.
2.The learned counsel for the petitioner would submit that the petitioner is an innocent purchaser of property and when his enjoyment thereof was interfered with, he had preferred a complaint with the respondent police which has not been acted upon despite a direction of this Court in Crl.O.P.No.10590 of 2010 dated 07.05.2010 requiring the Inspector of Police, Vengal Police Station, Thiruvallur District to register a case and file a final report. The learned counsel also informs of having moved the civil forum seeking the relief of injunction in O.S.No.47 of 2010 before the District Magistrate, Thiruvallur. The learned counsel contends that in circumstances where the petitioner is an innocent purchaser of the property trying to defend his rights as per law, the investigation as against him ought not to be permitted.
3.This Court is not inclined to accept the submissions made on behalf of the petitioner. The petitioner finds mention even in the FIR in Crime No.20 of 2010 on the file of the respondent. The allegations in the FIR are of fabrication of documents towards wrongful enjoyment of property. The matter is one which calls for investigation and it would not be appropriate for this Court to interfere at this nascent stage. Hence, the Criminal Original Petition shall stand dismissed. Consequently, the connected miscellaneous petition is closed.
1.The Inspector of Police, District Crime Branch, Thiruvallur District.
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.14896 of 2010