J.John Raja Singh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.13488 of 2016 1.J.John Raja Singh 2.Augustin 3.Thangabai 4.D.R.Johnson .. Petitioners Vs 1.The Inspector of Police, R-7, K.K.Nagar Police Station, Chennai.

2.S.Latha, WHC-1888, AWPS, Colachel, Kanyakumari District.

3.R.Angel 4.S.Robert William .. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the FIR in Crime No.2965 of 2015 on the file of the 1st respondent and quash the same.

For Petitioners : No appearance For 1st Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to quash the FIR in Crime No.2965 of 2016 on the file of the 1st respondent.

2. On account of boycott of Courts, there is no representation on the side of the petitioners. However, in Harish Uppal [Ex.Capt.] Vs Union of India reported in [2003] 2 SCC 45, the Hon'ble Supreme Court has held that boycott of Courts is illegal and therefore, this Court went through the records and passed orders.

3. It is seen that on the complaint lodged by S.Latha [WHC1888], the 1st respondent police have registered a case in Crime No.2965 of 2015 on 28.11.2015 for offences under Sections 294[b], 353 and 506[ii] IPC against the petitioners/accused. Challenging which, this quash petition has been filed.

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4. It is the case of the de facto complainant that she is working as Head Constable in All Women Police Station, Colachel, Kanyakumari District and a case in Crime No.41 of 2015 has been registered in her Police Station against the petitioners/accused herein, for offences under Sections 498[A], 406 and 506[ii] IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, based on the complaint given by the wife of the 1st petitioner/accused. In connection with the said case, Latha/Head Constable and a police party came to the house of the petitioners/accused on 28.11.2015 at 9.45 a.m. for enquiry and at that time, the 1st petitioner/accused created a drama by hitting himself with an iron rod and making a hue and cry and further intimidated the police officials that he will kill himself, if they come near him. Under such circumstances, on the complaint given by Latha/Head Constable, the present case has been registered.

5. On reading of the averments of the complaint, there are sufficient materials for the police to proceed with the investigation. Hence, the FIR in Crime No.2965 of 2015 on the file of the 1st respondent cannot be quashed, in the light of the law laid down by the Hon'ble Supreme Court in State of Haryana Vs Bhajan Lal - 1992 Supp [1] SCC 335 and this petition stands dismissed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, R-7, K.K.Nagar Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.J.Antony Jesus, Advocate,SR.36758. rsy(co) krd 20/7 CRL.OP.No.13488 of 2016 https://hcservices.ecourts.gov.in/hcservices/