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Madras High CourtCRL OP/14907/2016closed

Rajendran, Age 57 v. The Inspector Of Police,

2016-07-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.14907 of 2016 and Crl.M.P.No.7409 of 2016 1.Rajendran 2.Savithri ..Petitioners Vs 1.The Inspector of Police All Women Police Station, Perur Coimbatore District.

2.Nithya .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records with respect to Cr.No.12 of 2016 pending on the file of 1st respondent and quash the same. For Petitioners :

Mr.R.Nalliyappan For R1 :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to call for the records with respect to Cr.No.12 of 2016 pending on the file of 1st respondent and quash the same.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State.

3. On the complaint lodged by Nithya, the respondent police has registered a case in Cr.No.12 of 2016 for offences u/s 417, 420, 376, 294(b)and 506(ii) IPC against Gowtham [A1], Rajendran [A2] and Savithri [A3], challenging which Rajendran [A2] and Savithri [A3] are before this Court for quashing the FIR.

4. On a reading of the complaint given by Nithya, it is seen that she and Gowtham were in love with each other and it is alleged by Nithya that Gowtham had relationship with her and thereafter, he has gone on the promise of marrying her, but subsequently he has reneged. When Nithya approached the https://hcservices.ecourts.gov.in/hcservices/

petitioners, they had abused her and had insulted her saying that they will not permit their son to marry her.

5. Learned counsel for the petitioners submitted that except these allegations, there are no other allegations against these petitioners. Be that as it may, the FIR is not the end of the prosecution case. The investigation is at a very nascent level. The petitioners have also been released on anticipatory bail and so there is no threat of any arrest by the respondent police. It will not be in the interest of justice if the FIR under investigation is stayed. Hence, The Deputy Superintendent of Police, Coimbatore Sub Division, is directed to monitor the investigation in Cr.No.12/2016 and if it is found that the allegations against the petitioners are false, it is needless to state that they should be excluded in the Final Report, if any. With the above observation, this petition is closed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gms To 1.The Inspector of Police All Women Police Station, Perur Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr.R.Nalliyappan, Advocate, sr.40657 Crl.OP No.14907 of 2016 rk co kra 08.08.2016 https://hcservices.ecourts.gov.in/hcservices/