G.Radhakrishnan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.23221 of 2015 1.G.Radhakrishnan 2.Soodamani .. Petitioners Vs

1. The Inspector of Police, All Women Police Station, Sriperumbudur, Kancheepuram District.

2. G.Supriya .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in relation to First Information Report in Crime No.4 of 2015 dated 11.07.2015 pending on the file of 1st respondent police and quash the same as against the petitioners herein.

For Petitioners : M/s.S.Hemalatha For Respondents : Mr.C.Emalias, Addl. Public Prosecutor for R1.

ORDER

This petition is filed to quash the FIR in Crime No.4 of 2015 dated 11.07.2015 pending on the file of 1st respondent police.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the 1st respondent.

3. Earlier when one Mrs.Prema, who was also arrayed as an accused in Crime No.4 of 2015 approached this Court in Crl.O.P.No.20763 of 2015 for quashing the same FIR, this Court has refused to intervene and passed the following order:

"3. According to the petitioner she is not living in the joint household and she is living separately with her family. It is also stated that the petitioner has been granted anticipatory bail by the Court.

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

4. Under such circumstances, this Court is of the view that the entire FIR cannot be quashed at this stage, as the FIR discloses the commission of cognizable offence for investigation by the police though there are no allegations against the petitioner herein.

5. Hence, this Court directs the respondent police to conduct a fair investigation and if no materials surface as against this petitioner, she should have to be excluded in the final report, if filed.

With the above observation, this Criminal Original Petition is closed.

Consequently, connected miscellaneous petition is closed."

4. It appears that the petitioners are also on the same footing. Under such circumstances, this Court directs the respondent police to conduct a fair investigation and if no materials surface as against this petitioners, they should have to be excluded in the final report, if filed.

With the above observation, this Criminal Original Petition is closed.

vsm s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, All Women Police Station, Sriperumbudur, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.S.Hemalatha, Advocate SR 50699 svi(co) prk6/10 Crl.OP No.23221 of 2015 https://hcservices.ecourts.gov.in/hcservices/