Madras High CourtCRL OP/4445/2017closed

B.Ramachandran, M/67 Years v. The State Represented By

2017-03-03Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2017

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.4445 of 2017 AND Crl.M.P.No.3308 of 2017 B.Ramachandran ... Petitioner / Sole Accused Vs 1.The State rep. by The Inspector of Police, Nattrampalli Police Station, Vellore District.

2.A.Sudha ... Respondents / Defacto / Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire records relating to the first information report in Crieme No.240 of 2015 dated 03.08.2015 along with alteration report dated 04.08.2015, and both has been sent to the learned Judicial Magistrate No.III, Thirupattur, Vellore District only on 10.08.2015, pending investigation before the Inspector of Police, Nattrampalli Police Station, Vellore District and quash the same.

For Petitioner : Mr.MA.P.Thangavel For Respondent : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

This petition has been filed to quash the first information report along with alteration report on the file of the first respondent police in Crime No.240 0f 2015 for the alleged offence under Section 174 Cr.P.C. r/w 304 IPC. 2.

The grievance of the petitioner is that the Investigation Officer, Nattrampalli Police station, due to https://hcservices.ecourts.gov.in/hcservices/

previous enmity, falsely implicated the accused in this case and if he allow to continue the investigation no justice would be served and hence he sought for quash the first information report.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State and perused the materials available on record.

4. Considering the above facts and circumstances of the case, without going into the merits of allegation made in the petition since an apprehension is expressed by the petitioner against the investigating officer in the interest of justice, the Deputy Superintendent of Police, Vaniyampadi is directed to investigate the case and file a final report within a period of two months from the date of receipt of a copy of this order.

5. With the above direction, the criminal original petition is disposed of. Consequently, connected M.P. is closed. Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Vaniyampadi.

2.The Inspector of Police, Nattrampalli Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras-104.

+1cc to Mr.Ma.P.Thangavel, Advocate SR.Nos.14630 Crl.O.P.No.4445 of 2017 SDR 15.03.2017 https://hcservices.ecourts.gov.in/hcservices/