L.Prem Anandan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.OP.No.6719 of 2021 & Crl.MP.No.4469 of 2021 l.Prem Anandan ... Petitioner

Versus

1.The Inspector of Police, S-8, Adambakkam Police Station, St.Thomas Mount, Chennai.

(Crime No.398 of 2019) 2.Vijayalakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.398 of 2019 pending investigation on the file of the first respondent police and to quash the same.

For Petitioner :

Mr.V.Covardhanan For R1 :

Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

The learned counsel for the petitioner submitted that initially a case was registered against the petitioner/accused for the offence punishable under Section 174(A) of the Code of Criminal Procedure and later on, the case was altered to offences punishable under Sections 498(A) and 306 of IPC on the sole ground of telephonic conversation between the deceased wife of the petitioner and the petitioner, based on bald allegations. Admittedly, the petitioner was not in the scene of occurrence when the deceased had committed suicide by hanging.

2. The learned Additional Public Prosecutor submitted that the investigation is completed, as informed and instructed by Mrs.Kalyani, Head Constable, S-8, Adambakkam Police Station, St.Thomas Mount, Chennai, further, final report to be filed before the learned Judicial Magistrate, Alandur within a period of one or two weeks.

3. At this stage, the learned counsel for the petitioner submitted that he may be permitted to withdraw the above https://hcservices.ecourts.gov.in/hcservices/

petition and shall be given liberty to challenge the final report that is to be filed by the first respondent police.

4. In view of the said submissions, this Criminal Original petition is dismissed with a liberty to the petitioner to challenge the final report that is to be filed by the first respondent police in Crime No.398 of 2019 of Adambakkam Police Station, St.Thomas Mount, Chennai, if he desires so. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mbi To 1.The Inspector of Police, S-8, Adambakkam Police Station, St.Thomas Mount, Chennai.

2.The Public Prosecutor, Madras High Court, Chennai.

Crl.OP.No.6719 of 2021 & Crl.MP.No.4469 of 2021 PMK(CO) baf 05/05/2021 https://hcservices.ecourts.gov.in/hcservices/