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Madras High CourtCRL OP/27916/2015dismissed

P.Santhakumari v. The Inspector Of Police

2015-12-10Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27916 of 2015 and M.P.No.1 of 2015 P.Santhakumari ... Petitioner Vs

1. The Inspector of Police, Anti Land Grabbing Special Cell, Office of the Superintendent of Police, Nethimedu, Salem.

2. P.Mani, S/o Palanisamy Gounder

3. P.Shanmugam, S/o Palanasamy Gounder.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for records pertaining to FIR in Crime No.25 of 2013 on the file of the first respondent and quash the same. For Petitioner :

Mr.S.Sivakumar For Respondents : Mr.C.Emalias, Additional Public Prosecutor for R1 Mr.M.R.Thangavel for R2 & R3.

O R D E R

This petition has been filed to call for records pertaining to FIR in Crime No.25 of 2013 on the file of the first respondent and quash the same.

2. The respondents 2 and 3 are the defacto complainants. The complaint was lodged against one Rajesweri and 46 others. The petitioner herein is Accused No.2. The complaint was lodged for the offence under Sections 120(B), 467,468,471, 420 and 506 (ii) IPC

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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4. In my considered opinion, since the matter is under investigation, the scope for quashing the FIR is very narrow. The petition is premature in nature. Hence, the criminal original petition is dismissed. However, the respondent police is directed to complete the investigation and to file a final report as early as possible and the petitioner is at liberty to approach this Court after the filing of the final report. Consequently, M.P.No.1 of 2015 is closed.

vsi s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Anti Land Grabbing Special Cell, Office of the Superintendent of Police, Nethimedu, Salem.

2. The Public Prosecutor, High Court, Chennai + 1 cc to Mr.M.R.Thangavel, Advocate SR 66419 sai(co) prk22/12 Crl.O.P.No. 27916 of 2015 https://hcservices.ecourts.gov.in/hcservices/