Ernest Paul v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10886 of 2014 and M.P.No.1 of 2014

1. Ernest Paul

2. Bavani

3. Geetha

4. Priyadharshini

...Petitioners

Vs.

1. State rep. by Inspector of Police, Thirubuvanai Police Station, Thirubuvanai, Puducherry State.

(Crime No.25 of 2014).

2. P.Ilango

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the FIR in Crime No.25 of 2014 on the file of the 1st respondent dated 25.02.2014 and quash the same.

For Petitioners : Mr. V.Sivalingam for C.S.Associates For 1st Respondent : Mr.D.Bharatha Chakravarthy Public Prosecutor(Pondicherry) For 2nd Respondent : Mr. Prakash Adiapadam

O R D E R

The present Criminal Original Petition has been filed to call for the records relating to the FIR in Crime No.25 of 2014 on the file of the 1st respondent/Inspector of Police, Thirubuvanai Police Station, dated 25.02.2014 and quash the same.

2. There are averments to attract the offence under Section 306 IPC against the petitioners. Moreover, it is only an FIR and it cannot be quashed on the threshold and it has to be investigated further.

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3. The learned Additional Public Prosecutor submitted that they are examining other witnesses and very few materials are filed to complete the investigation.

4. Considering the submissions made, this Court is not inclined to quash the FIR in Crime No.25 of 2014 on the file of the 1st respondent dated 25.02.2014. Accordingly, this Criminal Original Petition is dismissed. Considering the year of the FIR, the first respondent is directed to file a final report within a period of three (3) months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar asi/rna To

1. The Inspector of Police, Thirubuvanai Police Station, Thirubuvanai, Puducherry.

2. The Public Prosecutor, Pandicherry.

+2cc to M/S.C.S.Associates, Advocate sr.13854 & 13842 +1cc to M/s.Prakash Adiapadam, Advocate Sr.13856 +1cc to the Public Prosecutor, Puducherry, Sr.14426 Crl.O.P.No.10886 of 2014 and M.P.No.1 of 2014 ssv[co] srg 23/03/2019 https://hcservices.ecourts.gov.in/hcservices/