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Madras High CourtCRL OP/26974/2015dismissed

M.Jayaprakash v. The Inspector Of Police

2015-11-02Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26974 of 2015 M.Jayaprakash ... Petitioner Vs 1.The State rep. by The Inspector of Police, C-5, Kambai Nallur Police Station, Dharmapuri District.

2. Gnanasekar ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the FIR in crime No.1582/2014 on the file of the 1st respondent police and quash the same.

For Petitioner :

Mr.G.Ashok Kumar For respondents :

Mr.C.Emalias, Additional Public Prosecutor for R1

O R D E R

The present criminal original petition has been filed to quash the FIR in Crime No.1582 of 2014.

2. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

3. A case in Crime No.1582 of 2014 has been registered against the petitioner for the offence under Section 306 IPC on the allegation that on 01.06.2014, the petitioner abetted to commit suicide of the deceased Ms.Durga, who is none other than the daughter of the complainant.

4. Learned Additional Public Prosecution submits that the investigation is under progress and it is yet to be completed.

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5. Since the investigation is under progress and that the present investigation is not yet completed, I am of the opinion that the petition is premature in nature. Therefore, I am not inclined to quash the F.I.R. Hence, the criminal original petition is dismissed. However, the petitioner is at liberty to approach this Court after the filing of the final report. Consequently, connected M.P.No.1 of 2015 is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vsi To

1. The Inspector of Police, C-5, Kambai Nallur Police Station, Dharmapuri District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.26974 of 2015 svl(co) aa20/11/2015 https://hcservices.ecourts.gov.in/hcservices/