Vikram Ramakrishnan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3032 of 2019 and Crl.M.P.No.2012 of 2019 Vikram Ramakrishnan ... Petitioner Vs.

1. The Superintendent of Police, District Crime Branch Collector Office Road Moovender Nagar Villupuram.

2. State rep. By The Inspector of Police, Auroville - 605 101 Villupuram District (Ref. Crime No.798/2017)

3. Ramajayam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.798 of 2017 pending on the file of the Inspector of Police, Auroville Police Station, Aurovillee-605 101, the 2nd respondent herein and in the District Crime Branch, Villupuram and to quash the same as against the petitioner herein.

For Petitioner : Mr.N.Kumar Rajan For 1st and 2nd Respondents: Mr.M.Mohammed Riyaz

ORDER

This Criminal Original Petition has been filed seeking for a direction to quash the proceedings in Crime No.798 of 2017 pending on the file of the Inspector of Police, Auroville Police Station, Aurovillee-605 101, the 2nd respondent herein and in the District Crime Branch, Villupuram.

2. It is seen that a counter complaint was also lodged and the same was registered in Crime No.789 of 2017 for the offences under Sections 294(b), 323, 427 and 448 of IPC. The FIR under challenge is also pending from 19.10.2017. Therefore, the 2nd respondent has to investigate the complaint filed by the https://hcservices.ecourts.gov.in/hcservices/

petitioner as well as the 3rd respondent herein. It is also seen that there are specific allegations as against the petitioner and other accused persons. Further, it is a case and counter and as such, the 2nd respondent has to follow the police standing order 588-A. Therefore, this Court is not inclined to quash the FIR.

3.Hence, this Criminal Original Petition is dismissed. However, considering the pendency of the FIR from 2017, this Court deems it fit to direct the 2nd respondent to complete the investigation and file a final report following the police standing order in the counter complaint within a period of three months from the date of receipt of a copy of this Order. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, District Crime Branch Collector Office Road Moovender Nagar Villupuram.

2. The Inspector of Police, Auroville - 605 101 Villupuram District (Ref. Crime No.798/2017)

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

+1cc to Mr.N.Kumar Rajan, Advocate sr.no.9540 Crl.O.P.No.3032 of 2019 and Crl.M.P.No.2012 of 2019 rk(co) nr 04/03/2019 https://hcservices.ecourts.gov.in/hcservices/