Mohanagandhi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.29364 of 2015 And M.P.No.1 of 2015 Mohanagandhi ... Petitioner Vs.

1.State by Inspector of Police, All Women Police Station, Neyveli Town, Cuddalore District (Crime No.09 of 2015) 2.Vasanthi ... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in Crime No.9 of 2015, on the file of the Inspector of Police, All Women Police Station, Neyveli, Cuddalore District and quash the proceedings in so far it relates to the petitioner herein. For Petitioner : Mr.P.Ponpandian For Respondents: Mr.C.Emalias for R1 Additional Public Prosecutor

ORDER

This petition is filed praying to call for the records in Crime No.9 of 2015, on the file of the Inspector of Police, All Women Police Station, Neyveli, Cuddalore District and quash the proceedings in so far it relates to the petitioner herein. 2.The petitioner is the first accused in Crime No.9 of 2015. A complaint was lodged by the defacto complainant who is the second wife of the petitioner herein as against the petitioner and his first wife.

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

defacto complainant has made false allegations in the FIR and hence, he sought for quashing of the FIR.

4.Heard the learned Additional Public Prosecutor. 5.In my considered opinion, when investigation is under progress, the petitioner 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 petitioner is at liberty to approach this Court after filing of the final report. Consequently, the connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.Inspector of Police, All Women Police Station, Neyveli Town, Cuddalore District (Crime No.09 of 2015) 2.The Public Prosecutor High Court, Madras.

+1 cc to Mr.P.Ponpandian Advocate sr.66517 Crl.O.P.No.29364 of 2015 And M.P.No.1 of 2015 aa21/12/2015 https://hcservices.ecourts.gov.in/hcservices/