Madras High CourtCRL OP/29238/2012disposed of

M.Kalaiselvan v. The Inspector Of Police

2016-01-18Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29238 of 2012 M.Kalaiselvan ... Petitioner Vs

1. State represented by The Inspector of Police, All Women Police Station,Tiruvallur.

2. M.Deepa ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the proceedings in Crime No.2 of 2012 on the file of the All Women Police Station, Tiruvallur and quash the same.

For Petitioner : Mr.Joseph George Mayiladumpar For respondent : Mr. C.Emalias, Additional Public Prosecutor, for -R1

O R D E R

The present criminal original petition has been filed to call for the records in Crime No.2 of 2012 on the file of the respondent police and quash the same.

2. The case in Crime No.2 of 2012 has been registered against the petitioner based on the complaint given by one Deepa, who is the second respondent herein, for the alleged offences punishable under Sections 376, 506(i) I.P.C. Though the said complaint was lodged as early as 21.03.2012, even after a lapse of 3 1⁄2 years there is no progress in the investigation of the said case. Hence, he has come forward with the present petition to quash the same.

3. However, I am of the considered opinion that the scope under 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 petition is a pre-matured one. However, the petitioner is at liberty to approach this Court after filing final report by the respondent police.

https://hcservices.ecourts.gov.in/hcservices/

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. The first respondent is directed to expedite the investigation and file the final report as early as possible, preferably within a period of three months.

mrp s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, All Women Police Station, Tiruvallur.

2. The Public Prosecutor, High Court, Madras.

skv(co) prk2/2 Crl.O.P.No.29238 of 2012 https://hcservices.ecourts.gov.in/hcservices/