Sivakumar, Aged 24 Years v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2016
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.21325 of 2016 Sivakumar Petitioner /Accused vs.
The State of Tamil Nadu represented by the Inspector of Police Kandachipuram Police Station Villupuram District 1st Respondent/Complainant Archana Respondents/Defacto Complainant Criminal Original Petition filed under Section 482, Cr.P.C. seeking to call for the records in FIR No.134 of 2016 on the file of the Kandachipuram Police Station, the respondent police and quash the same.
For petitioner Mr. M. Devaraj For R1 Mr. C. Emalias Addl. Public Prosecutor For R2 Mr. S. Xavier Felix
ORDER
This Criminal Original Petition has been filed seeking to call for the records in FIR No.134 of 2016 on the file of the respondent police and quash the same.
On the complaint lodged by one Archana, the second respondent herein, the first respondent police have registered a case in Crime No.134 of 2016 under Sections 287 and 304(A), IPC, against Sivakumar and Perumal, challenging which, Sivakumar is before this Court.
On notice, Archana appeared before this Court and submitted that she needs legal aid. At the request of this Court, Mr. Xavier Felix, learned advocate, appeared and filed vakalat for Archana, pro bono.
Mr. Devaraj, learned counsel for Sivakumar, submitted that the FIR does not disclose commission of a cognizable offence, inasmuch as, from a reading of the FIR, it could be seen that Archana's husband Sigamani was working in a crane and
was deepening a well and at that time, on account of the weight of the boulders, the crane capsized, resulting in the death of Sigamani.
Though the allegation in the FIR does appear to the Court that the entire incident was an unfortunate accident, yet, it is too premature for this Court to interfere and quash the FIR when the investigation is at the threshold. Under such circumstances, this Criminal Original Petition is dismissed with a direction to the Deputy Superintendent of Police, Villupuram, to monitor the investigation in Cr. No.134 of 2016 and if it is found that the accused named in the FIR were, in no way, responsible for the incident, it is needless to state that the case against them should be closed.
Before parting with the matter, this Court places on record, its profound thanks to Mr. Xavier Felix, for taking up the case of Archana, pro bono.
With the above observations, this Criminal Original Petition is closed.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar cad To The Inspector of Police Kandachipuram Police Station Villupuram District The Public Prosecutor Madras High Court Chennai 600 104 The Deputy Superintendent of Police Villupuram
+1 cc to M/s.M.Devaraj Advocate sr 65953/16 +1 cc to M/s.Xavier Felix Advocate sr 66532/16 Crl.O.P. No.21325 of 2016 sr(co) aa08/12/2016