N.Mohan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.MP.No.8895 of 2024 N.Mohan ... Petitioner Vs.

1. The State rep by the Station House Officer, Mappedu Police Station, Thiruvallur District.

2. Josthina ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the record and quash the FIR filed against the petitioner in Cr.No.87 of 2024 on the file of the 1st respondent Police Mappedu.

For Petitioner : Mr.R.Gunaseelan For Respondents : Mr.K.M.D.Muhilan Government Advocate for R1 1/5

O R D E R

The petitioner herein is the 1st suspect in Cr.No.87 of 2024 registered by the Mappedu Police Station on 05.03.2024.

2. The learned counsel appearing for the petitioner states that it is a motivated complaint to counter blast, the complaint registered and pending investigation against the husband of the complainant in Cr.No.87 of 2024. He further states that the incident which took place on 02.11.2023, Sasikala, the wife of the present petitioner has given a complaint and the same been registered in Cr.No.373 of 2023 on 03.11.2023 for the alleged offences under Sections 147, 148, 294(b), 324 and 506(ii) of IPC and Section 4 of Women Harassment Act. The said complaint is under investigation making false allegation regarding the same incident. The respondent police has belatedly registered the complaint on 05.03.2024 in Cr.No.87 of 2024 as against this petitioner who is no way connected with the said incident.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that regarding the alleged incident took place 2/5

on 02.11.2023 on receipt of the information given by Sasikala, case in Cr.No.273 of 2023 was registered, whereas, the complaint which is registered on 05.03.2024 in Cr.No.87 of 2024, based on the complaint given by Josthina, wife of Samson was pursuant to the direction of the learned Judicial Magistrate-Cum-District Munsif, Thiruvallur issued under Section 156(3) of Cr.P.C. Both complaints touches upon the same transaction alleged to have happened on 02.11.2023.

4. The learned Government Advocate (Crl.Side) further states that since both case and case in counter has now been received and registered, the same will be investigated in accordance with law and follow the guidelines of this Court in the light of police standing order and final report will be filed within a period of two months.

5. Recording the same, this Criminal Original Petition to quash the FIR is dismissed. It is open to the petitioner herein to proceed in accordance with law after the filing of final report. Consequently, the connected miscellaneous petition is closed.

24.06.2024 Vv 3/5

To

1. The Station House Officer, Mappedu Police Station, Thiruvallur District.

2. The Public Prosecutor, High Court of Madras, Chennai.

4/5

Dr.G.JAYACHANDRAN,J.

Vv and Crl.MP.No.8895 of 2024 24.06.2024 5/5