Jothiventhan, Aged 47 Years v. The State Rep . By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.23863 of 2016 and Crl.MP. No.1133 of 2016

1. Jothiventhan

2. Duraivelu ... Petitioners/Accused 1 & 2 Vs.

1. The State Rep. by the Inspector of Police Kayar Police Station Kancheepuram District.

2. P.Mala ... Respondents/Respondents & Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to call for the records and quash the entire proceedings in Crime No.109/2016 pending on the file of the respondent police.

For Petitioners : Mr.R.Muniyapparaj For R1 : Mr.C. Emalias Additional Public Prosecutor

O R D E R

This criminal original petition has been filed to call for the records and quash the entire proceedings in Crime No.109/2016 pending on the file of the respondent police.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the 1st respondent.

3. On the complaint given by one Mala, Panchayat President, the respondent police registered a case in Crime No.109/2016 on 18.09.2016 under Sections 341, 294B, 324, 506(ii) IPC against https://hcservices.ecourts.gov.in/hcservices/

Jothiventhan and Duraivelu, challenging which the accused are before this Court.

4. On a reading of the FIR, it is seen that the de-facto complainant has alleged that on the account of previous enmity, when her husband was on the way, he was accosted by the accused and they assaulted him.

5. Learned counsel for the petitioners contended that the injured was admitted to the private hospital. From there, he absconded and there are no medical records to show how much he suffered. There appears to be some force in the submission of the learned counsel appearing for the petitioners. However, the FIR cannot be quashed at the threshold when investigation is at a very initial stage.

6. The 1st respondent police is directed to conduct thorough enquiry and complete the investigation within three months from the date of receipt of a copy of this order. If it is found, that there are no materials for implicating the accused, it is needless to state that further action against them should be dropped.

With the above observations, this petition is closed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mk To

1. The Inspector of Police Kayar Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Muniyapparaj, Advocate, S.R.No.63561 Crl.O.P.No.23863 of 2016 SR(CO) CA(02/12/2016) https://hcservices.ecourts.gov.in/hcservices/