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B. SENTHIL RAJ v. STATE, REP. BY INSPECTOR OF POLICE

Supreme Court of India | Diary 4723/2021

Status

Order

Decided On

2024-12-12

Bench

HON'BLE MR. JUSTICE K.V. VISWANATHAN, HON'BLE MR. JUSTICE UJJAL BHUYAN

Petitioner

B. SENTHIL RAJ

Respondent

STATE, REP. BY INSPECTOR OF POLICE

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Full Judgment Text

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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024 (Arising out of SLP(Crl.) No. 1969 of 2021)

B. SENTHIL RAJ Appellant(s)

VERSUS

STATE, REP. BY INSPECTOR OF POLICE & ANR. Respondent(s)

O R D E R

1. Leave granted.

2. This appeal calls in question the correctness

of the order dated 03.12.2020 passed by the learned

Single Judge of the High Court of Judicature at

Madras in Crl. O.P. No. 4376 of 2914.

3. By the said order, the learned Single Judge

of the High Court dismissed the Criminal Original

Petition and refused to quash the FIR being Crime

No. 415 of 2011 on the file of the Inspector of

Police, Central Crime Branch, Chennai.

4. By the same order, the learned single Judge

of the High Court in paragraph 18 directed that the

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police, with the help of Revenue Officials, shall

demolish the encroachments made in the land in

question.

5. While we are convinced that the impugned

order insofar as it directs demolition of

encroachments, is unsustainable being beyond the

scope of the criminal original petition, we

otherwise, see no ground to interfere with the

findings made in the impugned order.

6. With the above observations, the appeal is

partly allowed. While the order is sustained, the

following portion of the impugned order shall stand

set aside:

“....Further, the police, with...

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