Sathiyadas v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.08.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19072 of 2016 and Crl.M.P.No.8972 of 2016 Sathiyadas ... Petitioner Vs 1.State rep by its The Inspector of Police, W-35, All Women Police Station, Tambaram.

2.S.Sasikala ... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for records in Crime No.35 of 2015 on the file of the 1st respondent Police and quash the same. For Petitioner : Mr.Sundar Mohan for M/s.S.Mekhala For 1st Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to quash the FIR in Crime No.35 of 2015 on the file of the 1st respondent Police.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials placed on record.

3. On the complaint lodged by Sasikala, the respondent Police have registered a case in Crime No.35 of 2015 on 30.11.2015 under Section 417, and 506 [i] IPC against Anand and Sathiyadas, challenging which, Sathiyadas is before this Court.

4. Learned counsel for Sathiyadas submitted that the FIR does not disclose any cognizable offence as against him.

5. On reading of the FIR, it is alleged by Sasikala that https://hcservices.ecourts.gov.in/hcservices/

Anand and she were in love and they were living as husband and wife for three years. Thereafter, when Sasikala wanted Anand to marry her, he had refused to marry her and had further threatened that, he and his uncle Sathiyadas will liquidate her. The complaint does not even disclose the date on which, the said allegation had taken place. Apart from this, there is no other serious allegation against Sathiyadas. If this Court admits the case and grants stay, the entire investigation will come to a stand still, which will be to the advantage of Anand.

6. Under such circumstances, this Court directs the Inspector of Police, W-35, All Women Police Station, Tambaram to expeditiously conduct the investigation in Crime No.35 of 2015 and if it is found that there are no serious allegations as against Sathiyadas, it is needless to state that all further action against him should be dropped. With the above direction, this petition is closed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gya To 1.The Inspector of Police, W-35, All Women Police Station, Tambaram.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr.S.Mekala, Advocate, sr.49258 CRL.OP.No.19072 of 2016 cnr co kra 20.09.2016 https://hcservices.ecourts.gov.in/hcservices/