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Madras High CourtCRL OP/4831/2023disposed of

D.Sridharan @ Aiyanar v. State Rep.By

2023-11-23Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.11.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and Crl.M.P.No.3050 of 2023 1.D.Sridharan@Aiyanar 2.S.Bommadevi 3.S.Gopinath 4.S.Sriram ... Petitioners -vs1. State, Rep. by The Deputy Superintendent of Police, Villupuram.

2.The State rep. by The Inspector of Police, Vikravande Police Station, 3.The State rep. by The Sub-Inspector of Police, Periathatchur Police Station, Villupuram District.

4.M.Murugan

...Respondents

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records and quash the FIR in Crime No.133 of 2022 on the file of the 3rd respondent police. For Petitioners : Mr.K.Krishna Page No.1/5

For Respondents 1 to 3 : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) For 4th Respondent : No Appearance

ORDER

This petition is filed to quash the FIR in Crime No.133 of 2022 on the file of the 3rd respondent police. Initially, the case was registered under Section 174 of Cr.P.C., later, altered to Sections 294(b) and 306 IPC. The petitioners herein are suspected and the relative of the deceased was found dead in a well. Canvassing the merit of the case, the present petition is filed to quash the FIR.

2. However, the learned Government Advocate (Crl.Side) submits that on completion of investigation report of RDO was obtained and on receipt of RDO report, final report has been filed before the concerned Court, for the offence under Sections 2947(b), 306 IPC, came to be taken on file.

3. In view of the above facts, without adverting to the merit of the case, this Criminal Original Petition is disposed of by giving liberty to the petitioners to challenge the final report, if so advised. Consequently, connected miscellaneous petition is closed.

Page No.2/5

23.11.2023 Index : Yes/No ssn To

1. The Deputy Superintendent of Police, Villupuram.

2.The Inspector of Police, Vikravande Police Station, 3.The Sub-Inspector of Police, Periathatchur Police Station, Villupuram District.

4. The Public Prosecutor, Madras High Court, Madras.

Page No.3/5

Dr.G.JAYACHANDRAN, J., ssn and Crl.M.P.No.3050 of 2023 Page No.4/5

23.11.2023 Page No.5/5