Madras High CourtCRL OP/19406/2011allowed

G.Ranganathan v. The Sub Inspector Of Police

2016-11-02Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRDAS

DATE : 02.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition No.19406 of 2011 and M.P.No.1 of 2011 G.Ranganathan ... Petitioner/Accused -Versus1. The State rep. by Sub Inspector of Police, T-13, Kundrathur Police Station, Kundrathur, Chennai 600 069.

[Crime No.229 of 2011]

2. V.Mathivanan ... Respondents/Complainant Prayer: This petition is filed under Section 482 Cr.P.C. praying to call for the entire records relating to the case in Crime No.229 of 2011 on the file of the 1st respondent police and to quash the said case.

For Petitioner : Mr.M.P.Saravanan For Respondents : Mr.C.Emalias, Additional Public Prosecutor for R1

ORDER

This original petition has been filed seeking to quash the case in Crime No. No.229 of 2011 on the file of the 1st respondent police.

2. On the complaint lodged by the 2nd respondent - V.Mathivanan, the 1st respondent police have registered a case in Crime No.229 of 2011 on 08.06.2011 under Section 497 of IPC against the petitioner herein.

3. It is the case of the de facto complainant that he found the petitioner in a compromising position on bed with his wife on 16.05.2011 and on seeing him, the petitioner ran away. Hence, lodged the first information.

4. Offence under Section 497 of IPC is non cognizable and hence no FIR can be registered. That apart, a prosecution https://hcservices.ecourts.gov.in/hcservices/

under Section 497 of IPC can be initiated only by the aggrieved person in terms of Section 198 of Cr.P.C. by a private complaint and not by a police report.

5. In the light of the above position, the criminal original petition is allowed and the case in Crime No.229 of 2011 on the file of the 1st respondent police is quashed. Consequently, connected MP is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar kmk To The Sub Inspector of Police, T-13, Kundrathur Police Station, Kundrathur, Chennai 600 069.

Copy To The Section Officer, Criminal Section, High Court, Madras.

+1cc to Mr.M.P.Saravanan, Advocate, S.R.No.62442 Crl.O.P.No.19406 of 2011 SR(CO) CA(01/12/2016) https://hcservices.ecourts.gov.in/hcservices/