G.Latha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.Nos.19932 & 21513 of 2015 and M.P.No.1 of 2015 1.G.Latha ...Petitioner in Crl.O.P.19932/15/2nd Accused 2.G.Gajenderan ...Petitioner in Crl.O.P.21513/15/1st Accused Vs.

1.The Inspector of Police, T-3, Korattur Police Station, Korattur, Chennai.

2.Devinder Singh ... Respondents in both the Crl.O.Ps /Investigating Agency/Defacto Complainant Prayer: Petitions filed under Section 482 of Cr.P.C., praying to call for the records in Crime No.674 of 2015 pending on the file of the 1st respondent-Police and quash the FIR dated 12.05.2015 in Crime No.674 of 2015.

For Petitioners : Mr.N.R.Anantha Rama Krishnan For Respondents : Mr.C.Emalias, APP (For R1) Mr.R.Balakrishnan for R2 in Crl.OP.21573/2015 Mr.A.RajeshKanna for R2 in Crl.OP.19932/2015 COMMON ORDER This petitions have been filed by the petitioners praying to quash the First Information Report, dated 12.05.2015, in Crime No.674 of 2015 pending on the file of the 1st respondent-Police.

2.The 2nd respondent has lodged the complaint on 12.05.2015 as against the petitioners herein for the alleged offences punishable under Sections 147, 148, 341, 380, 395, 420, 425, 426, 448, 506(ii) IPC r/w 120B IPC and the same has been registered in Crime No.674 of 2015 by the 1st respondent. Now, the petitioners have come forward with the present petitions seeking to quash the FIR.

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3.Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor. It is represented by the learned Additional Public Prosecutor that investigation is under progress.

4.Considering the facts and circumstances of the case, I am of the opinion that the scope of quashing the criminal proceedings at the investigation stage is very narrow. The petitioners have not made out any case to quash the FIR. The present petitions are pre-mature in nature. Hence, I am not inclined to quash the impugned FIR and the petitions are liable to be dismissed.

5.Accordingly, the criminal original petitions are dismissed. However, the petitioners are at liberty to file fresh petition after filing final report. Connected Miscellaneous Petition is closed.

Sd/ ASSISTANT REGISTRAR(CS-V) /TRUE COPY/ SUB-ASSISTANT REGISTRAR ssv To, 1.The Inspector of Police, T-3, Korattur Police Station, Korattur, Chennai.

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

+1 CC to MR.R.Balakrishnan Advocate. SR.NO. 64840 Crl.O.P.Nos.19932 & 21513 of 2015 and M.P.No.1 of 2015 CO-SR JD 04/01/2016 https://hcservices.ecourts.gov.in/hcservices/