Madras High CourtCRL OP/29694/2015dismissed

D.Karthik v. State Of Tamil Nadu Rep By

2015-12-15Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.29694 of 2015 And M.P.No.1 of 2015 1.D.Karthik 2.S.Muthukumaran 3.V.Mahendiran 4.Mahendiran ... Petitioners Vs.

1.State of Tamil Nadu, rep. by Inspector of Police, Edaikkal Police Station, Ulundurpet Taluk, Villupuram District.

2.K.Mani ... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records to quash the FIR in Crime No.17 of 2015 on the file of the Inspector of Police, Edaikkal Police Station, Ulundurpet Taluk, Villupuram District as against the petitioners. For Petitioners : Mr.S.Giritharan For Respondents : Mr.C.Emalias for R1 Additional Public Prosecutor

ORDER

This petition is filed praying to call for the records to quash the FIR in Crime No.17 of 2015 on the file of the Inspector of Police, Edaikkal Police Station, Ulundurpet Taluk, Villupuram District as against the petitioners. 2.The petitioners are the accused in Crime No.17 of 2015 registered on 04.02.2015 for the offence punishable under Sections 294(b), 323, 324 and 506(ii) of IPC. The complaint was lodged by the defacto complainant who is one of the accused in the counter case registered in Crime No.16 of 2015 on 04.02.2015 https://hcservices.ecourts.gov.in/hcservices/

for the offence punishable under Sections 294(b), 323, 324 and 506(ii) of IPC.

3.Today, when the matter is taken up for consideration, the learned counsel appearing for the petitioners submitted that the 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.The petitioners have approached this Court for quashing of FIR when investigation is under progress. Hence, in my considered opinion, the scope of quashing the FIR is very narrow. Therefore, I am of the opinion that the present petition is pre-mature in nature. Hence, at this juncture, this petition cannot be entertained and this Criminal Original Petition is dismissed. However, this Court directs the respondent police to expedite the investigation in Crime No.17 of 2015 and also in Crime No.16 of 2015, complete the same and file final report in Crime No.17 of 2015 and also in Crime No.16 of 2015, as early as possible, preferably within a period of four months from the date of receipt of a copy of this order. 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, Edaikkal Police Station, Ulundurpet Taluk, Villupuram District.

2.The Public Prosecutor High Court, Madras.

+1 CC to MR.S.Giridharan Advocate. SR.NO. 67284 Crl.O.P.No.29694 of 2015 And M.P.No.1 of 2015 CO-RSK JD 30/12/2015 https://hcservices.ecourts.gov.in/hcservices/