Madras High CourtCRL OP/13496/2016closed

Kanna @ Tamilselvan v. The State Rep By

2016-07-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.13496 of 2016 and CRL.M.P.No.6929 of 2016 1.Kanna @ Tamilselvan 2.Karthick 3.Viji 4.Duraipandian 5.Susila ... Petitioners Vs 1.The State rep by Station House Officer, AWPS, Karaikal.

2.Indumathi ... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records relating to FIR No.3 of 2016 on the file of the 1st respondent police and quash the same. For Petitioners : Mr.S.Sounthar For 1st Respondent :Mr.M.R.Thangavel, APP [Pondy]

O R D E R

This petition has been filed to quash the FIR No.3 of 2016 on the file of the 1st respondent police.

2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor [Pondy] appearing for the 1st respondent and perused the materials placed on record.

3. On the complaint lodged by the de facto complainant, the 1st respondent police have registered a case in Crime No.3 of 2016 on 15.03.2016 for offences under Section 328, 506[i], 498 [A] IPC r/w 109 IPC against the petitioners herein, Challenging which, the petitioners are before this Court, on the ground that the FIR is an abuse of process of law.

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4. On reading of the complaint given by the de facto complainant, she has made specific allegations with dates in the complaint which requires a complete investigation by the police.

5. Learned counsel for the petitioners submitted that the de facto complainant has roped in all the relatives of the husband unnecessarily.

6. Under such circumstances, this Court directs the Superintendent of Police, Karaikal to monitor the investigation by the Inspector of Police, AWPS, Karaikal in Crime No.3 of 2016 and during the course of investigation, if it is found that the relatives have been falsely implicated, it is needless to state that they should not be included in the final report. With the above direction, this petition is closed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gya To 1.The Superintendent of Police, Karaikal.

2.The Station House Officer, AWPS, Karaikal.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sounthar, Advocate Sr.38371 CRL.OP.No.13496 of 2016 gj[co] srg 26/07/2016 https://hcservices.ecourts.gov.in/hcservices/