Babu Prasad v. The State Rep by Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.06.2025 CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.5701 of 2023 Crl.M.P.No.3573 of 2023 Babu Prasad ... Petitioner Vs

¶1The State represented by, The Sub Inspector of Police,

¶2Shantha Sakunthala ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.38 of 2022 on the file of the respondent-Police and to quash the same. For Petitioners : Mr.A.S.Aswin Prasanna For R1 : Dr.C.E.Pratap Government Advocate (Crl.Side) For R2 : Mr.S.V.Pravin Rathinam Crl.O.P.No.5755 of 2023 Crl.M.P.Nos.5707 & 3603 of 2023

¶1Babu Prasad

¶2Sujitha Dhandapani

¶3Dhandapani

¶4Pankajam ... Petitioners Vs.

¶1The State represented by, The Sub Inspector of Police,

¶2Shantha Sakunthala ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.38 of 2022 on the file of the respondent-Police and to quash the same. For Petitioners : Mr.A.S.Aswin Prasanna For R1 : Dr.C.E.Pratap Government Advocate (Crl.Side) For R2 : Mr.S.V.Pravin Rathinam

C O M M O N O R D E R The Criminal Original Petitions have been filed to call for the records in Crime No.38 of 2022 on the file of the respondent-Police and to quash the same.

¶2Heard the learned counsel appearing for the petitioners, learned counsel for the second respondent and the learned Government Advocate (Crl.Side) appearing for the first respondent-Police and perused the materials available on record.

¶3On a reading of the materials available on record, it is seen that there are prima facie materials available as against the petitioners to proceed with the case. It is the respondent-Police who have to conduct investigation and later ought to have laid a charge sheet. The grounds taken by the petitioners are not the grounds for quashing the complaint. This is not a fit case for quashing and hence this Court is not inclined to grant the relief as sought for by the petitioners in the petitions.

¶4Since the occurrence is said to have been taken place in the year 2022 and further the complaint has also been lodged in the year 2022 itself and as the matter is pending for three years for investigation, the respondent-Police is directed to expedite the investigation and lay a charge sheet within a period of three months from the date of receipt of a copy of this order.

¶5With the abovesaid direction, the Criminal Original Petitions are dismissed. Consequently, connected miscellaneous petitions are also dismissed.

13.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To

¶1The Sub Inspector of Police,

¶2The Public Prosecutor, High Court, Chennai. Crl.O.P.Nos.o5701&o5755oofo2023 P.VELMURUGAN,oJ mfa Crl.O.P.No.5701oofo2023o Crl.M.P.No.3573oofo2023 & Crl.O.P.No.5755oofo2023o Crl.M.P.Nos.5707o&o3603oofo2023

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