S.Sasikala v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.M.P.No.12178 of 2019 S.Sasikala

...Petitioner / 5th Accused

-Vs1.State represented by:

Inspector of Police, H-2, Guduvancherry Police Station, Kancheepuram District.

(Crime No.508 of 2019) ... 1st Respondent / Complainant 2.The Sub-Registrar, Office of the Sub-Registrar, Guduvancherry, Chennai - 603 202.

... 2nd Respondent / De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the proceedings in Crime No.508 of 2019 on the file of the 1st respondent and to quash the same.

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For Petitioner : Mr.Eswar Kumar For R1 : Mr.A.Damodaran, Additional Public Prosecutor For R2 : No Appearance

ORDER

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.508 of 2019 on the file of the 1st respondent, filed for the offences under Sections 147, 447, 448, 294(b), 323 and 506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

2.Admittedly, the said First Information Report was registered pursuant to the order passed by the Sub-Registrar, Guduvancherry, in proceedings bearing No.15766/M3/2015 dated 30.06.2016. It is submitted that the order passed by the Sub-Registrar, Guduvancherry, has been revoked by the proceedings of the Inspector General of Registration, South Chennai, in e/f/vz;/9312-,2-2019, dated 16.08.2019, since an earlier circular issued by the Inspector General of Registration, South Chennai, was withdrawn.

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3.Since, the very basis for registering the First Information Report is no longer available, the continuance of the impugned First Information Report would be an abuse of process of law. Hence, the impugned First Information Report in Crime No.508 of 2019 on the file of the 1st respondent is liable to be quashed and the same is quashed. Accordingly, this Criminal Original Petition is allowed. Connected Miscellaneous Petition is closed.

12.04.2023 smv Index : Yes/No Speaking : Yes / No To, 1.The Public Prosecutor, High Court of Madras.

3.The Inspector of Police, H-2, Guduvancherry Police Station, Kancheepuram District.

(Crime No.508 of 2019) 3/5

SUNDER MOHAN,J.

smv and Crl.M.P.No.12178 of 2019 4/5

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