Madras High CourtCRL OP/29753/2015dismissed

Senthil Kumar v. State By

2016-01-18Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29753 of 2015 and M.P.No.1 of 2015

1. Senthil Kumar

2. Jayakumar

3. Elangovan

4. Devaraj

5. Kasiammal ... Petitioners Vs

1. State by The Inspector of Police, Chengam Police Station, Chengam, Thiruvannamalai District.

2. Sivakumar ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.477 of 2015 on the file of the Inspector of Police, Chengam Police Station, Thiruvannamalai District and quash the same.

For Petitioner :

Mr.E.C.Murali For respondent :

Mr. C.Emalias, Additional Public Prosecutor, for -R1

O R D E R

The present criminal original petition has been filed to call for the records in Crime No.477 of 2015 on the file of the respondent police and quash the same.

2. The case in Crime No.477 of 2015 has been registered against the petitioners based on the complaint given by one Sivakumar, who is the second respondent herein, for the alleged offences punishable under Sections 109, 366 I.P.C. Hence, they have come forward with the present petition to quash the same.

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

3. However, I am of the considered opinion that the scope under 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 petition is a pre-matured one. However, the petitioners are 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 petitioners are at liberty to work out their remedy after filing of the final report. The first respondent is directed to expedite the investigation and complete the same as early as possible. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar mrp To 1.The Inspector of Police, Chengam Police Station, Chengam, Thiruvannamalai District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.29753 of 2015 CA(CO) EU 5.2.16 https://hcservices.ecourts.gov.in/hcservices/