Madras High CourtCRL OP/25499/2014dismissed

M.Nallathambi v. The Inspector Of Police

2016-01-07Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.25499 of 2014 and M.P.Nos.1 and 2 of 2014 M.Nallathambi ... Petitioner Vs

1. State : rep. By The Inspector of Police, District Crime Branch, Kancheepuram, Kancheepuram District.

2. D.Pushparaj ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the FIR in Crime No.153 of 2011 dated 11.11.2011 on the file of the first respondent, viz., the Inspector of Police, District Crime Branch, Kancheepuram and quash the same.

For Petitioner :

Mr.R.Dhanasekar For respondents :

Mr. C.Emalias, Additional Public Prosecutor, for -R1 : Mr. Ashok Menon, for R2.

O R D E R

The present criminal original petition has been filed to call for the records in Crime No.153 of 2011, dated 11.11.2011, on the file of the Inspector of Police, District Crime Branch, Kancheepuram and quash the same.

2. The case in Crime No.153 of 2011 has been registered against the petitioner based on the complaint given by one D.Pushparaj, who is the second respondent herein, for the alleged offences punishable under Sections 420, 465, 467, 468, 471 I.P.C. The petitioner has been arrayed as A2. Hence, he has come forward with the present petition to quash the same. https://hcservices.ecourts.gov.in/hcservices/

3. However, I am of the considered opinion that the scope under Section 482 Cr.P.C. to quash the first information report is very limited, since the investigation is not yet completed. Hence, I am of the opinion that the present petition is a pre-matured one. However, the petitioner is at liberty to approach this Court after filing final report by the respondent police.

4. In fine, the criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy after filing of the final report. The first respondent is directed to expedite the investigation and complete the same as early as possible. Consequently, connected miscellaneous petitions are closed.

mrp s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, District Crime Branch, Kancheepuram, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.R.Dhanasekar, Advocate SR 1447 + 2 ccs to M/s.Ashok Menon, Advocate SR 1448 svi(co) prk22/1 Crl.O.P.No.25499 of 2014 https://hcservices.ecourts.gov.in/hcservices/