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Madras High CourtCRL OP/21392/2015closed

Mrs. Leela Venkatesh v. The State Rep. By

2015-08-26Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2015

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.21392 of 2015 and M.P.No.1 of 2015 Leela Venkatesh ... Petitioner/6th Accused Vs.

1.The State represented by, The Special Sub-Inspector of Police, Land-Grab Preventive Special Cell, Villupuram.

(Crime No.88 of 2014) 2.J.Raghuraman ... Respondents/Complainant Prayer: Criminal Original Petition filed under Section 482 of the Cr.P.C., praying to call for records in Crime No.88 of 2014 on the file of the respondent, Police and quash the same. For Petitioner :

Mr.V.Krishnamoorthy For Respondents:

Mr.C.Emalias [for R1] Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to quash the F.I.R in Crime No.88 of 2014 dated 25.10.2014, filed under Sections 465, 468 and 471 IPC.,

2. Heard Mr.V.Krishnamoorthy, the learned counsel appearing for the petitioner and Mr.C.Emalias, the learned counsel appearing for the first respondent.

3. Mr.V.Krishnamoorthy, the learned counsel for the petitioner submits that the petitioner is an innocent purchaser and she is not involved in the offence.

4. On a close reading of the F.I.R., it appears that the main accused in this case have created a false death certificate and have instituted proceedings against the mother of the defactohttps://hcservices.ecourts.gov.in/hcservices/

complainant.

Since there are sufficient materials for the investigation to progress, the F.I.R., cannot be quashed at this stage. However, the respondent Police is directed to conduct a free and fair investigation and during the course of investigation, if it is found that this petitioner is innocent purchaser, her name should be deleted from the array of accused.

5. With the above observation, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is also closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ds 1.The State represented by, The Special Sub-Inspector of Police, Land-Grab Preventive Special Cell, Villupuram.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.V.Krishnamurthy, Advocate, sr.45889. Crl.O.P.No.21392 of 2015 ctk co kra 11/9 https://hcservices.ecourts.gov.in/hcservices/