Anbin Ponmozhi v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.MP.No.8100 of 2024 Anbin Ponmozhi ... Petitioner Vs.

1. The State rep by Inspector of Police, Perambalur Town Police, Perambalur -612 212.

2. Amutha ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the entire records and quash in connection with the case in F.I.R in Cr.No.800 of 2023 dated 25.10.2023 on the file of the first respondent police and quash the same. For Petitioner : Ms.S.Deepika For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side) for R1 1/5

O R D E R

This Criminal Original Petition is filed to quash the F.I,R quash in F.I.R in Cr.No.800 of 2023 dated 25.10.2023 on the file of the first respondent police.

2. The case has been registered under 174 of Cr.P.C in view of suspicious death of Suba Adal Arasi. The petitioner herein been suspected as an accused and investigation is under way.

3. The learned counsel for the petitioner relying upon the community certificate of the accused as well as certain portion of the dying declaration seeks quashment of the complaint stating that the complaint is totally misleading and misconception. If investigations are allowed to continue, it will result in miscarriage of justice.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police on instructions submits that after registering the F.I.R under Section 174 of Cr.P.C, investigation will be taken up and based on the materials collected during the course of investigation, alteration report been submitted before the Special Court for SC/ST Act, Perambalur on 2/5

30.10.2023 suspecting this petitioner and one Sathyaraj as accused. The dying declaration of the deceased been recovered and investigation is at advance stage and submits that the same will be completed within a period of two months.

5. This Court finds that FIR not registered in a false case or with any malafide intention, rather the alteration report does not indicate it is a malicious attempt on the part of Investigating Officer. Since the investigation not yet completed, no conclusion be drawn about the involvement of the petitioner herein in the death of Suba Adal Arasi. The petitioner has to wait till the final report is filed. The petitioner has to allow the Investigating Officer to complete the investigation and file final report and has to agitate his right after filing final report.

6. With the above observations, this Criminal Original Petition is disposed of . Consequently, the connected miscellaneous petition is closed.

07.06.2024 Vv 3/5

To

1. The Inspector of Police, Perambalur Town Police, Perambalur -612 212.

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

4/5

Dr.G.JAYACHANDRAN,J.

Vv 07.06.2024 5/5