Madras High CourtCRL OP/13348/2015dismissed

Barani v. The Inspector Of Police

2015-06-03Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.13348 of 2015 and M.P.No.1 of 2015 Barani ... Petitioner/Accused Vs 1.State rep by The Inspector of Police, J7, Velachery Police Station, Chennai.

2.Ayesha Bee .. Respondents/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying for a direction to call for records in Cr.No.2002 of 2015 on the file of the Inspector of Police, J7 Velachery Police Station, Chennai and quash the same.

For Petitioner : Mr.S.Nambirajan For Respondents : Mr.C.Emalias, Addl. Public Prosecutor [for R1]

O R D E R

This Criminal Original Petition has been filed praying for a direction to call for records in Cr.No.2002 of 2015 on the file of the Inspector of Police, J7 Velachery Police Station, Chennai and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials placed on record.

3. It is a petition to quash the FIR. On reading of the FIR, it is stated by the defacto complainant that on 18.05.2015, while she and her family members were sleeping, they heard a loud noise and when they woke up, they were shocked to find their house on fire. They gathered all their materials from the house and ran out to save themselves. It is also stated in the FIR that in the CCTV installed nearby, the entire incident has been captured. https://hcservices.ecourts.gov.in/hcservices/

4. The defacto complainant has made serious allegations against the petitioner in the FIR, which require complete investigation. Therefore, relying on the decision of the Hon'ble Supreme Court in State of Haryana Vs Bhajan Lal reported in 1992 Supp [1] SCC 335, wherein the parameters had been laid down, this petition deserves to be dismissed.

5. This Court is of the opinion that this is not a fit case to quash the FIR. Accordingly, this petition is dismissed. The respondent police is directed to expeditiously conduct the enquiry and take action in accordance with law. Consequently, connected Miscellaneous Petition is closed.

gya s/d- Deputy Registrar(J) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, J7, Velachery Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.S.Nambirajan, Advocate SR 26403 ad(co) prk17/6 CRL.OP.No.13348 of 2015 https://hcservices.ecourts.gov.in/hcservices/