Madras High CourtCRL OP/1865/2019disposed of

G.Saravana Kumar @ Yeshwanth v. The State Rep By

2019-01-25Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.1865 of 2019 and Crl.M.P.No.1150 of 2019 G.Saravana Kumar @ Yeshwanth ... Petitioner -Vs1. The State rep. by Inspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai.

2. Amala ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, call for records in Crime No.20 of 2018 pending investigation on the file of the respondent police and to quash the same.

For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.Mohamed Riyaz for R1 Additional Public Prosecutor

ORDER

This petition has been filed to quash the FIR in Crime No.20 of 2018 pending on the file of the first respondent Police.

2. It is seen from the allegations that the entire incident is said to have been taken place in the year 2010 to 2013 at Dubai. The present complaint has been given only on 16.10.2018. Earlier, the second respondent has attempted to file a Domestic Violence Petition against this petitioner in D.V.C.No.21/2016 and the same was dismissed by the learned Judicial Magistrate, Ambattur, by judgment dated 09.03.2018, wherein the entire facts of the case have been discussed and the Court has given a categorical finding that the incident is said to have been taken place in the year 2010 - 2011 and the earlier FIR has been registered in Crime No.506 of 2010 was also closed on the ground that the second respondent herself had stated that she was living peacefully with the petitioner.

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3. The first respondent Police shall take into consideration the judgment passed in Domestic Violence Petition and shall take appropriate decision and complete the investigation, within a period of two months and file a final report or closure report, as the case may be.

4.This Criminal Original Petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS J) //True Copy// Sub Assistant Registrar kal To 1.The Inspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai.

2. The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.R.Thirumoorthy, Advocate, S.R.No.5947 Crl.O.P.No.1865 of 2019 and Crl.M.P.No.1150 of 2019 GSP(11/02/2019) https://hcservices.ecourts.gov.in/hcservices/