Madras High CourtCRL OP/16234/2019disposed of

S.Parvesh v. The State Rep.By Its

2019-06-25Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.16234 of 2019 and Crl.M.P.No.8110 of 2019 1.S.Parveesh @ Parvezh 2.S.Meeran @ Nagoor Meeran

...Petitioners

-Vs1.The State Rep. by its The Inspector of Police, B-3, Kanchi Taluk Police Station, Kancheepuram.

(Crime No.148 of 2019) 2.A.Nayeem ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records and quash the FIR in Crime No.148 of 2019 pending on the file of the Inspector of Police, B-3, Kanchi Taluk Police Station, Kancheepuram against the petitioners For Petitioners : M/s.R.Muniyapparaj For Respondents :Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

ORDER

This petition has been filed seeking to quash the FIR in Crime No.148 of 2019.

2. It is seen from records that based on the complaint given by the petitioner for the very same incident, the respondent police have registered Crime No.171 of 2019 and the same is also pending in the investigation.

3. The learned counsel for the petitioner submitted that the Investigating Officer has to necessarily investigate both these crime numbers, in order to find out the real aggressor. In support of the same, the learned counsel for the petitioner also drew the attention of this Court to rule 588(A) of the Police Standing Order.

4. In the facts and circumstances of the case, this Court cannot entertain this quash petition, since investigation is required in both the crime numbers in order to ascertain the truth or otherwise of the complaint given by both the parties regarding the same incident.

5. This Criminal Original Petition is disposed of with a direction to the respondent police to investigate in Crime No.148 of 2019 and Crime No.171 of 2019 and complete the investigation within a period of three months from the date of receipt of copy of this order and file a final report before the concerned Jurisdictional Court. Consequently, connected miscellaneous petition is closed.

25.06.2019 Index : Yes/No Internet : Yes/No ub To 1.The Inspector of Police, B-3, Kanchi Taluk Police Station, Kancheepuram.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J., ub Crl.O.P.No.16234 of 2019 25.06.2019