Madras High CourtCRL OP/28407/2015dismissed

S.Ananth v. The Inspector Of Police

2015-11-25Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28407 of 2015 and M.P.No.1 of 2015 S.Ananth ... Petitioner Vs

1. The Inspector of Police, R6 Police Station, Kumaran Nagar, Chennai.

2. S.Soma Sundaram, Security Officer, Ventura Engineering Company, Ramapuram, Chennai - 89 ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to call for the records relating to the FIR in Crime No.2545 of 2015 on the file of the respondent police, quash the same by allowing this Criminal Original Petition. For Petitioner :

Mr.P.Arulmathi For Respondent No.1 :

Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to call for the records relating to the FIR in Crime No.2545 of 2015 on the file of the respondent police, quash the same by allowing this Criminal Original Petition.

2. A complaint was lodged as against the petitioner by one Somasundaram. Based on which, a case was registered in Crime No.2545 of 2015 by the respondent police. The only contention of the petitioner is that his name does not find a place in the F.I.R. To quash the same, the present criminal original petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/

3. On perusal of the complaint, it is seen that the complaint was lodged for the offence of theft as against unknown persons. 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/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar vrc To

1. The Inspector of Police, R6 Police Station, Kumaran Nagar, Chennai.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mrs.P. Arul Mathi, Advocate, Sr. 64284 Crl.O.P.No.28407 of 2015 CA (CO) kk 4/1 https://hcservices.ecourts.gov.in/hcservices/