Nithiyanandham v. State Rep. By Station House

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.24942 of 2015 & M.P.No.1 of 2015 in Crl.O.P.No.24942 of 2015 Nithiyanandham ... Petitioner Vs

1. The State rep. by Station House Officer, Grand Bazaar P.S., Puducherry, (Cr.No.152/2014)

2. Abijith Begaje Karge ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.152 of 2014 pending on the file of the respondent police and quash the same as fas the petitioner is concerned.

For Petitioner : Mr.P.Sathish For first 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 in Crime No.152 of 2014 pending on the file of the respondent police and quash the same as fas the petitioner is concerned.

2. The case in Crime No.152 of 2014 has been registered against the petitioner based on the complaint given by one Abijith Begaje Karge, the second respondent herein for the alleged offence punishable under Sections 392 r/w.34 and 394 https://hcservices.ecourts.gov.in/hcservices/

IPC. To quash the same, the present criminal original petition has been filed.

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. Consequently, the miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vrc To

1. Station House Officer, Grand Bazaar P.S., Puducherry,

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Sathish, Advocate, S.R.No.62413 Crl.O.P.No.24942 of 2015 & M.P.No.1 of 2015 in Crl.O.P.No.24942 of 2015 SVI(CO) CA(09/12/2015) https://hcservices.ecourts.gov.in/hcservices/