E.Pandian v. All Women Police Station

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.29317 of 2015 And M.P.No.1 of 2015 1.E.Pandian 2.P.Susila ... Petitioners/A2 & 3 Vs.

1.All Women Police Station, Rep by the Inspector of Police, Puducherry - 1.

...1st Respondent/complainant 2.Sheeladevi ...2nd Respondent/ Defacto Complainant Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the entire records in Crime No.1 of 2015, on the file of the first respondent police herein viz. The Inspector of Police, All Women Police Station, Puducherry, Quash the FIR in the same. For Petitioner : Mr.D.Senthilkumar For Respondent : Mr.V.Balamurugane for R1 Additional Public Prosecutor (P)

ORDER

This petition is filed praying to call for the entire records in Crime No.1 of 2015, on the file of the first respondent police herein viz. The Inspector of Police, All Women Police Station, Puducherry, quash the FIR.

2.The petitioners are the accused 2 and 3 in Crime No.1 of 2015. A complaint was lodged by the daughter in law of the petitioners as against her husband who is the first accused and the petitioners herein.

3.Today, when the matter is taken up for consideration, the learned counsel appearing for the petitioners submitted that in https://hcservices.ecourts.gov.in/hcservices/

the FIR, the entire allegations were made only as against the husband of the defacto complainant and not against these petitioners and hence, he sought for quashment of the FIR. 4.Heard the learned Additional Public Prosecutor. 5.In my considered opinion, when investigation is under progress, the petitioners approaching this Court for quashing of FIR. Hence, the scope for quashing the FIR is very narrow. Therefore, I am of the opinion that the present petition is premature in nature. Hence, at this juncture, this petition cannot be entertained and this Criminal Original Petition is dismissed. However, the petitioners are at liberty to approach this Court after filing of the final report. Consequently, the connected miscellaneous petition is closed.

Sd/ ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB-ASSISTANT REGISTRAR pri To

1. The Inspector of Police, All Women Police Station, Puducherry - 1.

2.The Public Prosecutor High Court, Madras.

+ 1 CC to Mr.D.Senthil Kumar, Advocate SR NO 67209 [25/5/16] Crl.O.P.No.29317 of 2015 And M.P.No.1 of 2015 CO-SV JD 22/12/2015 https://hcservices.ecourts.gov.in/hcservices/