Madras High CourtCRL OP/2581/2016dismissed

S. Rajaiah, v. The Inspector Of Police,

2016-07-28Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.2581 of 2016 S.Rajaiah ... Petitioner/Accused-3 Vs The Inspector of Police, Vigilance and Anti Corruption Wing, Villupuram.

(Cr.No.2/2013/AC/VPM) ... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the FIR in Crime No.2/2013/AC/VPM pending on the file of the respondent police, quash the same by allowing this criminal original petition. For Petitioner :

Mr.N.Manokaran For Respondent :

Mr.P.Govindarajan, Addl. Public Prosecutor.

ORDER

The present criminal original petition has been filed to call for the records relating to the FIR in Crime No.2/2013/AC/VPM pending on the file of the respondent police and quash the same by allowing this criminal original petition.

2. The case in Crime No.2/2013/AC/VPM has been registered as against the petitioner and two others, based on the complaint given by the Deputy Inspection Team Officer, Cuddalore and Villupuram District, for the alleged offence punishable under Section 102 Cr.P.C., which was later on altered into one under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. To quash the said FIR, the present criminal original petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

3. However, I am of the considered opinion that the scope of Section 482 Cr.P.C. to quash the first information report is very limited, since the investigation is not yet completed. Hence, I am of the opinion that the present OP is a pre-mature one. However, the petitioner is at liberty to approach this Court after filing final report by the respondent police.

4. In fine, the criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy after filing of the final report.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Vigilance and Anti Corruption Wing, Villupuram.

2.The Public Prosecutor, High Court, Madras.

+1cc to the Public Prosecutor, SR.42882 +1cc to Mr.N.Manokaran, Advocate Sr.42963 Crl.O.P.No.2581 of 2016 msm[co] srg 22/08/2016 https://hcservices.ecourts.gov.in/hcservices/