Madras High CourtCRL OP/4797/2023disposed of

R.Karthick Raja v. State Rep By,

2023-10-18Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN and Crl.M.P.No.3038 of 2023 1.R.Karthick Raja 2.Indhumalini Sugumar ...

Petitioners Vs.

1.State by Inspector of Police, D-4, Kuniyamuthur Police Station, Coimbatore City, Crime No.568 of 2022.

2.Alagesan ... Respondents Prayer: Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to call for the records and quash the First Information Report pending investigation in Crime No.568 of 2022 on the file of the Inspector of Police, D-4, Kuniyamuthur Police Station, Coimbatore City.

For Petitioners : Mr.C.V.Kumar For Respondent : Mr.S.Rajakumar, No.1 Additional Public Prosecutor

O R D E R

Petition to quash the first information report registered on 28.12.2022 in crime No.568 of 2022 for the alledged offences under Sections 294 (b), 323 IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2.The petitioners are A1 & A2 in the FIR No.568 of 2022 on the file of the first respondent police. The complainant is one Alagesan. The case is investigated for the offences under Sections 294(b), 323 IPC and Section 4 of the Tamil Nadu Prohibition of Harrassment of Women Act, 2002. On the same day, on the complaint given by Indhumalini who is the second petitioner herein, the respondent police has registered a counter case in crime No.567 of 2022 for offences under Sections 294(b), 323, 324, 506(1) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. The case and case in counter, wherein, these petitioners alleging that the case prepared against them as counter blast.

3.Being a case and case in counter, this Court finds no reason to interfere with the investigation in this case and the reason stated in the First Information Report does not fall under the parameter laid down by the Hon'ble Supreme Court in M/s Neeharika Infrastructure Private Limited v. State of Maharashtra and others reported in [AIR 2021 SCC 1918]. 4.In the light of the above, the criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. Index : Yes / No 18.10.2023 Internet:Yes/No sms To 1.The Inspector of Police, D-4, Kuniyamuthur Police Station, Coimbatore City, Crime No.568 of 2022.

2.The Public Prosecutor, High Court, Madras.

G. JAYACHANDRAN, J.

sms and Crl.M.P.No.3038 of 2023 18.10.2023