Madras High CourtCRL OP/3301/2021disposed of

Nijanthan v. State Of Tamil Nadu Rep. By

2021-02-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.3301 of 2021 and Crl.MP.No.1876 of 2021 1.Nijanthan 2.Paulraj 3.Tamilselvi 4.Muthukumar

...Petitioners/Accused 1 to 4

.Vs.

1.State of Tamil Ndu, Rep.by The Inspector of Police, Velampalayam Police Station, Tiruppur City.

..1st Respondent/Claimant Crime No.22 of 2021 2.Sarvamalai ..2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records quash the First Information Report in Crime No.22 of 2021 on the file of the 1st respondent Police as the same is an abuse of process of law.

For Petitioners: Mr.Balaji Sankara Moorthy For Respondents : Mr.C.Raghavan Government Advocate for R 1

O R D E R

This criminal original petition has been filed seeking to quash the First Information Report in Crime No.22 of 2021, pending on the file of the 1st respondent.

https://hcservices.ecourts.gov.in/hcservices/

2.Heard the learned counsel for the petitioners and the learned Government Advocate appearing on behalf of the 1st respondent.

3.It is seen from records that there is a case and counter in Crime Nos.19 of 2021 and 22 of 2021. The subject matter of challenge in this petition is the FIR registered in Crime No.22 of 2021. In a case of this nature, it is incumbent on the part of the investigation officer to find out the real aggressor and investigate the case in both the FIRs and file a final report.

4. In the facts and circumstances of the case, this Court is not inclined to interfere with the investigation conducted by the respondent Police at this stage.

5. In the result, this Criminal Original Petition is dismissed and the 1st respondent Police is directed to proceed further with the investigation in accordance with law and complete the investigation and file a final report or a closure report, as the case may be, within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police, Velampalayam Police Station, Tiruppur City.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Balaji Sankara, Advocate Sr.No. 11151 CRL.O.P.No.3301 of 2021 GPL(CO) RMP(16/03/2021) https://hcservices.ecourts.gov.in/hcservices/