This Criminal Original Petition is filed for quashing the First Information Report in Crime No.381 of 2016 on the file of the first respondent police.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.
3.It is stated that the petitioner and the defacto complainant are adjacent owners of agricultural lands. Since there is a dispute on account of the rejection of the drumstick leaves into the petitioners father's land. It is stated that the complaint has been lodged on false averments and the same has been registered for an alleged offences under
section 294(b),323,506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.
4. The learned counsel for the petitioner stated that the case was registered on the false complaint before the second respondent and that he was not in the scene of occurrence. The learned counsel for the petitioner submitted that he got to show that the first respondent was attending the tuition class on 05.09.2016.
5. It is further stated that there was a dispute between the petitioners father and the second respondent due to personal ---. The second respondent has preferred a false complaint against the petitioner and the family members. This court, the prima facie averments to show that cognizable offences, except denying the allegations in the First Information Report and other factual issues the learned Counsel for the petitioner not able to convince this court, either to prove that the petitioner cannot be proceeded with. This petition is dismissed. However liberty is given to the petitioner --- at the time of trial.
5. Accordingly, this Criminal Original Petition is dismissed.
To
1.The Sub Inspector of Police, Chekkanurani Police Station, Madurai District
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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