Madras High CourtCRL OP/14227/2010closed

Mariammal v. Inspector Of Police

2016-11-16Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.14227 of 2010 and M.P.No.1 of 2010 Mariammal Petitioner/Accused vs.

The State rep by Inspector of Police District Crime Branch Erode & District.

Respondent/Complainant Criminal Original Petition filed under Section 482, Cr.P.C. to call for the records pertaining to the case in Cr.No.19 of 2010 on the file of the respondent and quash the same as far as the petitioner is concerned.

For petitioner Mr.I.C.Vasudevan For Respondent Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed to call for the records pertaining to the case in Cr.No.19 of 2010 on the file of the respondent and quash the same as far as the petitioner is concerned.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. On the complaint of S.N.Thangavel, the respondent police registered a case in Cr.No.19 of 2010 on 20.05.2010 for offences u/s 467, 468, 471 and 109 IPC against Mariammal, Prakash and Murugesh, challenging which Mariammal is before this Court.

4. It is the case of the de facto complainant that Prakash, son of Mariammal appears to have forged his signature and has submitted an application in the Office of the District Collector for taking survey of the land in question.

5. The FIR does not make any serious allegation against Mariammal and the entire allegation is only against Prakash and Murugesh. However, the petitioner has not chosen to implead the de facto complainant Thangavel as second respondent and this Court cannot pass any orders behind his back.

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In the result, this petition is closed with a direction to the respondent police to thoroughly investigate the case and if Mariammal is found to be not involved in any of the offences, it is needless to state that prosecution against her should be dropped. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gms To 1.The Inspector of Police District Crime Branch Erode & District.

2.The Public Prosecutor, High Court, Madras.

3. The Section Officer, E.R.Section, High court, Madras.

+1cc to M/S I.C. Vasudevan, Advocate Sr.66263 Crl.O.P. No.14227 of 2010 SR(CO) RVR 03/01/2017 https://hcservices.ecourts.gov.in/hcservices/