Madras High CourtCRL OP/1433/2018allowed

Bala Kishore Roy Mallavarapu@ v. The State Rep By

2019-04-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.1433 of 2018 and Crl.M.P.No.525 of 2018 Bala Kishore Roy Mallavarapu @ Bala Kishore Roy ... Petitioner/Sole Accused Vs.

1. The State Rep. by The Inspector of Police, Pallikaranai Police Station, Chennai.

2. P.P.Rex Paul ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and quash the FIR registered in Crime No.2197 of 2017 against the petitioner pending on the file of the respondent police .

For Petitioner : Mr.R.Sreedhar For R2 : Ms.C.Shyamala

O R D E R

This Criminal Original Petition has been filed to call for the records and quash the FIR registered in Crime No.2197 of 2017 against the petitioner pending on the file of the respondent police .

2. It is seen that from the complaint that the 2nd respondent/defacto complainant entered into petitioner's house and requested the petitioner to live with his daughter. Thereafter, the defacto complainant was attacked by the petitioner. Therefore the first respondent police registered an FIR in Crime No.2197 of 2017 for the offences under Sections 341, 294(b), 323, 324, 506(2) of IPC r/w 149 of IPC as against the petitioner. The learned counsel for the petitioner submitted https://hcservices.ecourts.gov.in/hcservices/

that the petitioner nowhere had used any obscene words against the defacto complaint, therefore, offence under Sections 341, 294(b) cannot attract as against the petitioner, even according to the complainant.

3. Therefore, 1st respondent is directed to bring the said observation and complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order, in so far as other offences attracted as against the petitioner.

4. Accordingly, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar(J) //True Copy// Sub Assistant Registrar ssr To

1. The Inspector of Police, Pallikaranai Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.R.Sreedhar, Advocate, Sr.No. 35442 Crl.O.P.No.1433 of 2018 and Crl.M.P.No.525 of 2018 CSL/13.05.2019 https://hcservices.ecourts.gov.in/hcservices/