Sadhasivam v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29754 of 2015 and M.P.No.1 of 2015

1. Sadhasivam

2. Palaniappan

3. Boopathy

4. Ravi

...Petitioners / A3 & A5 to A7

Vs

1. The Inspector of Police, Ammapettai Police Station, Ammapettai, Erode District.

Cr. No.151 of 2014.

...1st Respondent/ Complainant

2. S.G.Thanikachalam ...2nd Respondent/Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire records concerned in Crime No.151 of 2014 on the file of the Inspector of Police, Ammapettai Police Station, Ammapettai, Erode District and quash the same so far as the petitioners are concerned.

For Petitioners :

Mr.C.Prakasam For respondent no.1 :

Mr. C.Emalias, Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to call for the entire records in Crime No.151 of 2014 dated 20.08.2014 and quash the same so far as the petitioners are concerned.

2. The case in Crime No.151 of 2014 has been registered against the petitioners based on the complaint given by one Thanikasalam, the second respondent herein for the alleged offence punishable under Sections 120(b), 420, 467, 468, 471, 147, 148, 447, 294(b), 506(ii) I.P.C. The petitioners herein are arrayed as A3, A5 to A7. All the four petitioners are attester in the sale deed. To quash the same, the present criminal original petition has been filed.

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3. 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 petition is a premature 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 expediate the investigation and complete the same as early as possible. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar mrp To 1.The Inspector of Police, Ammapettai Police Station, Ammapettai, Erode District.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr.C. Prakasam, Advocate, Sr. 68121 Crl.O.P.No.29754 of 2015 RV (CO) kk 11/1 https://hcservices.ecourts.gov.in/hcservices/