K.Bagiyalakshmi, v. State By:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.11332 of 2015 and M.P.No.1 of 2015

1. K.Bagiyalakshmi

2. R.Sujatha .. Petitioners/Accused Vs

1. State by Inspector of Police (L&O) G-1, Vepery Police Station Chennai 7.

2.Janakiraman .. Respondents/Complainant/ Defacto Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the case in Cr.No.529 of 2015 on the file of the first respondent police and quash the same. For Petitioners : Mr.M.Kumaraswamy For R1 : Mr.C.Emalias, Addl.Public Prosecutor

ORDER

This petition has been filed to call for the records pertaining to the case in Cr.No.529 of 2015 on the file of the first respondent police and quash the same.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State.

3. On a reading of the FIR it is seen that, on 21.03.2015, when the defacto complainant and his family members were in the house, the accused who are petitioners herein have assaulted them and had pushed the defacto complainant down, on account of which, he seems to have sustained some simple injuries. In respect of the said incident, the respondent has registered a case in Cr.No.529 of 2015 for offences under Sections 147, 294(b), 341, 323, 448 and 506 (ii) IPC and the investigation is in progress. Two of the accused https://hcservices.ecourts.gov.in/hcservices/

have been arrested by police and remanded to custody and thereafter, they have been released on bail.

4. On a reading of the complaint, it cannot be stated that there are no materials for investigation to go on. The Supreme Court in Bajanlal vs. State of Haryana [AIR 1992 SC 604] has laid down the parameters for quashing the FIR. In this case, on a reading of the FIR, there are sufficient materials for the investigation to proceed. Under such circumstances, this Court is not inclined to interfere in the course of investigation. Accordingly, this petition stands dismissed. Consequently, connected miscellaneous petition is closed.

-sd/- ASSISTANT REGISTRAR / TRUE COPY / Sub-Assistant Registrar Gms To 1 The Inspector of Police (L&O) G-1, Vepery Police Station Chennai 7.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS +1 CC to MR.M.KUMARASWAMY ADVOCATE. SR.NO. 28586 +1 CC to MR.R.RAMANA REDDY ADVOCATE. SR.NO. 28582 Crl.OP No.11332 of 2015 CO-SAI JD 30/06/2015 https://hcservices.ecourts.gov.in/hcservices/