Dr.Harihar Narasimha Iyer, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.NO.1429 OF 2018 AND CRL.M.P.NO.518 OF 2018

1. Dr.Harihar Narasimha Iyer

2. Dr.Narasimha Iyer

3. Prof.Krishnakumari Ammal Rajammal ... Petitioners/ Accused 1 to 3 Vs.

1. State by The Inspector of Police, All Women Police Station, Adyar, Chennai - 20.

(Cr.No.10 of 2012)

2. Krupanjana ... Respondents/ Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the F.I.R., in Crime No. 10 of 2012 on the file of the First Respondent Police Station as unconstitutional and also an abuse of process of law. For Petitioners: Mr.A.Sirajudeen Senior Counsel for Mr.R.Rajamani For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr. S.Santhosh

ORDER

This petition has been filed by the petitioner seeking to call for the records and quash the F.I.R., in Crime No. 10 of 2012 on the file of the First Respondent Police Station as unconstitutional and also an abuse of process of law.

2. The learned senior counsel for the Petitioners submitted that after registering the F.I.R, the Second Respondent lodged a complaint before the Superior Court of Alameda County, california, USA though initially she was protected by the interim order subsequently by an order dated 13.03.2013, the interim order vacated and also herein the petition itself is dismissed with cost of 25,000/- dollars.

3. Aggrieved by the same, the second respondent preferred an appeal and also revision, both are dismissed on 17.05.2013 and 30.05.2013. In fact, the Petitioners already approached this Court in Crl.O.P. No. 14656 of 2012 along with other accused persons and this Court quashed the F.I.R as against A4 and A5 and as against the Petitioners already dismissed by this Court in Crl.O.P. No. 14656 of 2012 dated 04.09.2012.

4. Considering the above facts and circumstances, the Petitioners are directed to produce all the documents before the First Respondent which are pertinent to the case filed by the Second Respondent herein before the US Court of law (the Superior Court of Alameda County, california, USA). On receipt of the same, the First Respondent is directed to consider those documents produced by the Petitioners.

5. Accordingly, this Criminal Original Petition stands dismissed. However, considering the crime is of the year 2012, the first respondent is directed to complete the investigation in Crime No. 10 of 2012 and file a final report within a period of 12 weeks (3 months) from the date of receipt of copy of this Order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar arb

To

1. The Inspector of Police, All Women Police Station, Adyar, Chennai - 20.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Santhosh, Advocate, S.R.No.22246 Crl.O.P.No.1429 of 2018 and Crl.M.P.No.518 of 2018 RJI(CO) CS/14/07/2020