Ravichandran v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.16960 of 2015 and MP.Nos.1 & 2 of 2015 Ravichandran .. Petitioner Vs The Inspector of Police, Modakuruchi Police Station, Erode District.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records relating to the complaint in C.C.No.79 of 2014 on the file of the Judicial Magistrate No.III, Erode and quash the same.

For Petitioner :Mr.M.Selvam For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed praying to call for the records in C.C.No.79 of 2014 on the file of the Judicial Magistrate No.III, Erode and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The petitioner is seeking to quash the prosecution in C.C.No.79 of 2014, on the ground that the FIR lodged against him in Crime No.200 of 2014 is still under investigation.

4. On a reading of the final report in C.C.No.79 of 2014, it is seen that on a complaint given by one P.V.Saravanan, the respondent Police registered a case in Crime No.49 of 2014 for the offences under Sections 294(b), 341 & 506(ii) IPC against this petitioner. The allegation in the final report is that when workers were cleaning the drainage in front of the house of the petitioner, he seems to have abused the defacto-complainant in public and also wrongfully restrained the workers. The reading of the final report shows that there are sufficient materials available as against the petitioner and therefore the prosecution cannot be quashed. https://hcservices.ecourts.gov.in/hcservices/

5. As regards the contention of the learned counsel for the petitioner, the investigation in Crime No.200 of 2014 is pending. He relied upon the two judgments of Madras High Court, viz., (i) Dandapani and others Vs. State by Sub-Inspector of Police, Thiruvannamalai Town in [(2001) M.L.J (Crl.) 1083 and (ii) Kamala Anbarasu Vs.The State, rep by the Inspector of Poilice, V-2, Virugambakkam Police Station, Chennai [2003 (4) CTC 280].

6. According to the petitioner, he was admitted in the hospital on 21.03.2014 in respect of the same incident. But, it is seen that the FIR in respect of the complaint given by this petitioner was registered only on 13.11.2014 as Crime No.200 of 2014 for the offences under Section 147, 323, 324, 506 (ii) IPC.

7. Under such circumstances, this Court is of the view that the judgments referred by the learned counsel for the petitioner, relates to Madras Police Standing Order, Rule 588-A, which deals with case and counter. The respondent Police is directed to complete the investigation in Crime No.200 of 2014 expeditiously and file a final report before the concerned jurisdictional Magistrate.

8. With the above direction, this Criminal Original Petition is dismissed.

ds s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Modakuruchi Police Station, Erode District.

2. The Judicial Magistrate III, Erode.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.Selvam, Advocate SR 34777 kji(co) prk23/7 Crl.OP No.16960 of 2015 and M.P.Nos.1 and 2 of 2015 https://hcservices.ecourts.gov.in/hcservices/