Madras High CourtCRL OP/5354/2024disposed of

Senthilkumar v. Inspector Of Police

2024-03-06Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5354 of 2024 and Crl.M.P.No.3907 of 2024 1.Mr.Senthilkumar 2.Mrs.Deepa @ Radha ... Petitioners Vs.

1.State Rep. by: The Inspector of Police, AWPS - Pulianthope Police Station, Chennai.

(Crime No.10 of 2023) 2.Mrs.Tamilselvi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.10 of 2023 pending on the file of the respondent police Inspector of Police, AWPS, Pulianthope police station, Chennai.

For Petitioner : Mr.A.Kripakaran For Respondent : Mr.A.Damodaran Additional Public Prosecutor for R1

O R D E R

This criminal original petition has been filed seeking to quash FIR in Crime No.10 of 2023 pending investigation on the file of the 1st respondent. 1/4

2.The learned Additional Public Prosecutor on instructions submitted that for the present, only the husband has been shown as an accused in the FIR and the investigation is pending. The petitioners are not been arrayed as an accused till date. 3.In the light of the above submission, there is no question of quashing the FIR at this stage, since the petitioners have not been arrayed as an accused till date. Hence it is left open to the 1st respondent to proceed further with the investigation and if at all any materials are available against the petitioners, at that point of time necessary steps shall be taken to alter the FIR or to add the names at the time of filing the final report. Till then, the petitioners cannot be assumed to be accused persons in this case. 4.This criminal original petition is disposed of with the above directions. Consequently, connected miscellaneous petition is closed. 06.03.2024 Index: Yes/No Internet: Yes/No ssr 2/4

To 1.The Inspector of Police, AWPS - Pulianthope Police Station, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai.

3/4

N.ANAND VENKATESH,J.

ssr Crl.O.P.No.5354 of 2024 and Crl.M.P.No.3907 of 2024 06.03.2024 4/4