Madras High CourtCRL OP/10168/2016closed

K.Vasudevan v. State Rep. By

2016-06-22Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.10168 of 2016 and CRL.MP.No.5412 of 2016 1.K.Vasudevan 2.R.Kanthavel ... Petitioners Vs 1.State rep by The Inspector of Police [crime], K-3, Aminjikarai Police Station, Chennai.

2.P.V.Srinivasa Rao ... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the entire record in Crime No.556 of 2014 on the file of the 1st respondent and quash the same. For Petitioners : Mr.M.Sankar For 1st Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to quash the FIR in Crime No.556 of 2014 on the file of the 1st respondent.

2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials placed on record.

3. It is seen that these petitioners posing themselves as Income Tax officers have conducted search of the house of the de facto complainant on 06.02.2014 and it is alleged by the de facto complainant that they have taken some money from his house.

4. Learned counsel for the petitioner would submit that these petitioners are working in the Income Tax Department and they have been suspended from service, on account of the present FIR.

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5. In the light of the fact that there are sufficient allegations in the FIR for a full fledged investigation, the same cannot be quashed as held by the Hon'ble Supreme Court in State of Haryana Vs Bhajan Lal reported in 1992 Supp [1] SCC

335. However, the respondent police is directed to conduct the investigation in Crime No.556 of 2014 expeditiously and take action in accordance with law.

With the above direction, this petition is closed. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar gya To 1.The Inspector of Police [crime], K-3, Aminjikarai Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

1 cc to M/s. M. Sankar, Advocate, Sr. 34480 CRL.OP.No.10168 of 2016 RP (CO) kk 1/7 https://hcservices.ecourts.gov.in/hcservices/