Madras High Court
Jayaprakash @ Jayaprakasan vs State on 5 March, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.O.P.(MD)No.13212 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.03.2024
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.(MD)No.13212 of 2022
and
Crl.M.P.(MD)No.8424 of 2022
1.Jayaprakash @ Jayaprakasan
2.Sundararajan ... Petitioners
Vs.
1.State:
Rep. by The Inspector of Police,
Kulithalai Police Station,
Karur District.
(Crime No.300 of 2022)
2.Muthu
3.Sri Guru Vidhya Peedam
(Oriental Sanskrit School Trust)
Rep. by its Joint Trustee
Tmt.S.Dhanalakshmi
4.Roshan Manavalan ... Respondents
[R3 and R4 are impleaded vide order dated 02.08.2022
in Crl.M.P.(MD)Nos.9012 and 9013 of 2022]
PRAYER : Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records relating to the case in
1/6
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Crl.O.P.(MD)No.13212 of 2022
Crime No.300 of 2022, dated 26.05.2022 on the file of the Inspector of
Police, Kulithalai Police Station, Karur District and quash the same as
against the petitioners.
For Petitioners : Mr.M.Karunanithi
For Respondents : Mr.B.Nambiselvan,
Additional Public Prosecutor for R1
Mr.V.Meenakshi Sundaram for R2
ORDER
This Criminal Original Petition has been filed to quash the
impugned FIR in Crime No.300 of 2022 on the file of the first
respondent.
2.The case of the prosecution is that the second respondent has
been working under the third respondent and the fourth respondent got a
lease deed in his favour, which was executed by the Trustee of the third
respondent Trust, namely, N.S.Rajagopalan on 24.03.2017. When the
second respondent and others were doing work in the agricultural field,
the petitioners trespassed into the second respondent's land with aruval
and crowbar and attacked him and threatened him and also damaged the
fencing. Thereby, the second respondent made a complaint before the
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Crl.O.P.(MD)No.13212 of 2022
first respondent police and based upon which, a case in Crime No.300 of
2022 was registered against the petitioners for the alleged offences
punishable under Sections 147, 148, 427, 448 and 506(ii) of IPC.
3.The learned counsel appearing for the petitioners would submit
that the petitioners' owner, namely, S.S.Manikandan, who is one of the
trustees of the Sapthakiri Research & Medical Foundation, had taken a
lease from one N.S.Rajagopalan and there was a trusteeship dispute
between the petitioners' owner and the third respondent's trust and
earlier, the third respondent's trust filed a suit against the petitioners'
owner/lessor and the said N.S.Rajagopalan and the same was dismissed
by recognising the petitioners' owner's lease. However, the second
respondent is in no way connected with the property. Hence, this Court
may permit the petitioners to produce the decree in O.S.No.249 of 2006
on the file of the District Munsif Court, Kulithalai, to the first respondent
and thereafter, the first respondent may provide an opportunity to the
petitioners and conclude the investigation and if the offence is not made
out, they may refer the charge sheet against the petitioners and pass
appropriate orders.
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Crl.O.P.(MD)No.13212 of 2022
4.The learned Additional Public Prosecutor appearing for the first
respondent would submit that the charge sheet is made ready, however,
in view of the interim order granted by this Court directing the
respondent Police not to file the charge sheet, the charge sheet has not
been filed, but, if this Court permits the respondent Police to file the
charge sheet, the charge sheet will be filed.
5.In view of the above, this Court is inclined to issue a direction to
the first respondent to hear the petitioners and peruse the Judgment and
decree made in O.S.No.249 of 2006 on the file of the District Munsif
Court, Kulithalai and proceed the matter further in accordance with law.
The said exercise shall be completed within a period of four weeks from
the date of receipt of a copy of this order.
6.With the above directions, this Criminal Original Petition is
disposed. Consequently, connected miscellaneous petition is closed.
05.03.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Sji
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13212 of 2022
To
1.The Inspector of Police,
Kulithalai Police Station,
Karur District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13212 of 2022
M.DHANDAPANI,J.
Sji
Crl.O.P.(MD)No.13212 of 2022
05.03.2024
https://www.mhc.tn.gov.in/judis
