Madras High CourtCRL OP/25391/2021disposed of

Madhavan v. State Rep By

2022-02-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2022

CORAM:

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.25391 of 2021 and CRL.M.P.No.14067 of 2021 1.Madhavan S/o.Balu 2.Santhiya W/o.Madhavan ... Petitioners/Accused Vs.

1. The State represented by The Inspector of Police M.G.R.Nagar Police Station, Chennai - 600 078.

(Crime No.554 of 2021) ... Respondent/Complainant

2. Parthasarthy, S/o.Govindasamy ... Respondent/Informant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records made in FIR in Crime No.554 of 2021 on the file of the Inspector of Police, M.G.R.Nagar Police Station the first respondent herein and quash the same as illegal.

For Petitioners : Mr.R.Sankarasubbu For Respondents For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to call for records made in FIR in Crime No.554 of 2021 on the file of the Inspector of Police, M.G.R.Nagar Police Station, Chennai and quash the same.

2. The learned counsel for the petitioners would submit that a false complaint has been given against the petitioners. Taking into consideration of the averments in the FIR, the allegations are very vague and as far as the second petitioner is concerned, she is employed in the Court and that the allegations against https://hcservices.ecourts.gov.in/hcservices/

her is that she has abused the de-facto complainant and other than that no other material is available against her.

3. The learned counsel for the petitioners further submits that based on the complaint given by the first petitioner, a counter case has been registered against the de-facto complainant in Crime No.552 of 2021 by the very same respondent.

4. The learned Additional Public Prosecutor for the first respondent would submit that the grounds raised by the petitioners are factual in nature. The learned Additional Public Prosecutor further submitted that it is a counter case and the respondent will conduct a fair investigation and the final report will be filed in both the cases within a period of one month from the date of receipt of a copy of this order.

5. Recording the same, this Criminal Original Petition is disposed of. The respondent is directed to complete the investigation in Crime Nos.552 and 554 of 2021 and file a final report within a period of one month from the date of receipt of a copy of this order. Consequently, connected Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nst/arb To

1. The Inspector of Police M.G.R.Nagar Police Station, Chennai - 600 078.

2. The Public Prosecutor, High Court of Madras.

CRL.O.P.No.25391 of 2021 and CRL.M.P.No.14067 of 2021 SSN(CO) CT 08/03/2022 https://hcservices.ecourts.gov.in/hcservices/