S.Syed Ameen v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.9081 of 2015 and M.P.No.1 of 2015 S.Syed Ameen ... Petitioner

Versus

1.The State, Rep. by Inspector of Police, Sooramangalam Police, Salem District.

2.Mrs.Rashyachina @ Rahamath .. Respondents Criminal Original petition filed under Section 482 of the Criminal Procedure Code praying to call for the records and quash the FIR in Cr.No.1141 of 2014 pending on the file of the respondent Police.

For Petitioner: Mr.R.Elayaraja For R1 : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This petition is filed to quash the FIR in Cr.No.1141 of 2014 pending on the file of the respondent Police.

2. Heard Mr.V.Kamal, learned counsel appearing for the petitioner and Mr.C.Emalias, learned Additional Public Prosecutor appearing for the respondents.

3. On a reading of the complaint, it is seen that there are allegations made by the defacto complainant, warranting a regular investigation.

4. The learned counsel for the petitioner submits that the defacto complainant has obtained an ex-parte order of divorce from the petitioner and she is living separately. But, that cannot be a reason to quash the FIR, when the FIR discloses the commission of a cognizable offence.

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5. Hence, the respondent-Police is directed to expedite and conduct the investigation and file a closure report, if no case is made out, or file a final report, if there are evidence in this regard.

With the above observation, this petition is closed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.The Inspector of Police, Sooramangalam Police, Salem District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.V.Kamal, Advocate,SR.20285.

gp(co) krd 22/4 CRL.O.P.No.9081 of 2015 https://hcservices.ecourts.gov.in/hcservices/