Venda v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.9920 of 2022 and Crl.M.P.No.5861 of 2022 R.Venda

...Petitioner

Vs The State Represented By, The Inspector of Police, All Women Police Station, Vellore District.

(Crime No.2 of 2021)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records connected with the FIR in Crime No.2 of 2021 pending investigation on the file of the respondent police and quash the same.

For Petitioner : Mr.G.Balamanikandan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed to call for the entire records connected with the FIR in Crime No.2 of 2021 registered for the offences under Section 376(2) of IPC and Section 6 of POCSO Act, 2012, pending investigation on the file of the respondent police and quash the same.

2.

Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

https://hcservices.ecourts.gov.in/hcservices/

3. The very complaint is lodged by the petitioner herself. Now, the quashment of the FIR sought by the petitioner on the ground that the accused has not identified and the same has to be quashed.

4. In such view of the matter, this Court is of the view that the FIR reveals serious allegations against the unknown accused, which has impact on the society and it is for the Investigation Officer to find out who is the real culprit. Therefore, merely on the ground that the accused has not identified, the FIR cannot be quashed.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar rgi/ham

1. The Inspector of Police, All Women Police Station, Vellore District.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9920 of 2022 and Crl.M.P.No.5861 of 2022 SKM(CO) SP(01/07/2022) https://hcservices.ecourts.gov.in/hcservices/