Madras High CourtCRL OP/24756/2015dismissed

A. Santhi v. The State Rep. By

2015-12-01Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.24756 of 2015 & M.P.No.1 of 2015 A.Santhi ... Petitioner/Accused No.2 Vs

1. The State rep. by The Inspector of Police, Veeraganur Police Station, Salem District.

[Crime No.10 of 2015]

2. Ambika ... Respondents/Complainant.

Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to Crime No.10 of 2015 registered under sections 427, 294(b), 323, 324, 354 and 506(i) IPC, pending investigation on the file of the first respondent police and quash the same.

For Petitioner :

Mr.N.Manokaran For respondent :

Mr.C.Emalias, Additional Public Prosecutor,

O R D E R

The present Criminal Original Petition has been filed to call for the records relating to Crime No.10 of 2015 registered under sections 427, 294(b), 323, 324, 354 and 506(i) IPC, pending investigation on the file of the first respondent police and quash the same.

2. The case in Crime No.10 of 2015 has been registered against the petitioner based on the complaint given by one Ambika, the second respondent herein for the alleged offences punishable under Sections 427, 294(b), 323, 324, 354 and 506(i) IPC. To quash the same, the present criminal original petition has been filed.

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3. However, I am of the considered opinion that the scope of 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 OP is a pre-mature 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. However, the first respondent is directed to complete the investigation in Crime No.10 of 2015 pending on his file and file final report as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. Consequently, the miscellaneous petition is closed. vrc -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Veeraganur Police Station, Salem District.

2. The Public Prosecutor, High Court, Madras.

ctk(co) prk7/1 Crl.O.P.No.24756 of 2015 & M.P.No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/