R.Rajamanickam v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.27773 of 2015 and M.P.No.1 of 2015 1.R.Rajamanickam 2.R.Muthulakshmi ... Petitioners Vs.

1. State Reb. by its Inspector of Police, K-2, Police Station, Kilpauk, Chennai.

2. S.Selvaraj ... Respondents Prayer: Petition filed under Section 482 of the Criminal Procedure Code praying to quash the FIR in Crime No.2091 of 2015 on the file of the Inspector of Police, K-2 Police Station, Kilpauk, Chennai.

For Petitioners :Mr.S.Arivazhagan For Respondents :Mr.C.Emalias, APP (for R1) * * * * *

ORDER

This petition has been filed by the petitioners seeking to quash the First Information Report in Crime No.2091 of 2015 pending on the file of the 1st respondent-Police. 2.The petitioners herein have been arrayed as accused in Crime No.2091 of 2015 pending on the file of the 1st respondentPolice for the alleged offences punishable under Sections 406 & 420 IPC. The said case has been registered on the basis of the complaint given by the 2nd respondent herein/Defacto-complainant. Now, the petitioner has come forward with the present petition before this Court seeking to quash the first information report. https://hcservices.ecourts.gov.in/hcservices/

3.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor and perused the materials available on record.

4.The learned Additional Public Prosecutor submitted that the investigation has not been completed and the petitioner can approach this Court after filing final report. 5.Considering the facts and circumstances of the case, I am of the opinion that scope for quashing the First Information Report is very narrow. Since the investigation has not been completed so far, the present petition for quashing the FIR is pre-matured in nature. I am not inclined to quash the FIR and the petition is liable to be dismissed. In fine, the Criminal Original Petition is dismissed. However, the petitioners are at liberty to approach this Court for quash the criminal proceedings after filing final report. Consequently, connected Miscellaneous Petition is closed. ssv s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, K-2, Police Station, Kilpauk, Chennai.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.Arivazhagan, Advocate SR 64141 ca(co) prk4/1 Crl.O.P.No.27773 of 2015 and M.P.No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/