Kathavarayan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.7699 of 2019 and CRL.M.P.No.4208 of 2019 1.M.Kathavarayan 2.Periyanayagam 3.M.Palanivel 4.M.Kaliyamoorthy 5.F.Kaththayi 6.M.Sakthivel 7.M.Kuppusamy ... Petitioners Vs.

1.The Inspector of Police, Thirukoilur Police Station, Villupuram District.

2.Govindaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records in connection with Crime No.105/2019 dated 12.02.2019 on the file of the Inspector of Police, Thirukoilur, Villupuram District, pending investigation and quash the same.

For Petitioners : Mr.R.Pushpalatha For Respondents : Mr.C.Raghavan, for R1 Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed to call for the records in Crime No.105/2019, dated 12.02.2019, on the file of the Inspector of Police, Thirukoilur Police Station, Villupuram District and quash the same.

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2.It is seen that there is a case in counter. On the complaint lodged by the petitioners, the first respondent registered a case in Crime No.106 of 2019, for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) and 427 IPC. On the same occurrence, on the complaint received from the second respondent, the first respondent registered a case in Crime No.105 of 2019, for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) and 427 IPC.

3.Considering the above facts and circumstances, this Court is not inclined to quash the FIR. However, the first respondent is directed to follow the procedure contemplated under the Police Standing Order 566 and enquire the parties and file a final report within a period of three months from the date of receipt of a copy of this order.

4.With the above direction, this petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar AT To 1.The Inspector of Police, Thirukoilur Police Station, Villupuram District.

2.The Government Advocate, High Court, Madras.

+1 cc to M/s.R.Pushpalatha, Advocate Sr.No.27352 CRL.O.P.No.7699 of 2019 and CRL.M.P.No.4208 of 2019 BR(CO) CSL/23.04.2019 https://hcservices.ecourts.gov.in/hcservices/