K.Manjula v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.20811 of 2023 and Crl.MP.No.14244 of 2023 1.K.Manjula 2.Suguna

...Petitioners/A2 & A4

.Vs.

1.State by The Inspector of Police All Women Police Station Egmore Police Station Chennai.

(Crime No.5 of 2022) 2.Mrs.R.Reka ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records connected with the FIR in Cr.No.5 of 2022 under Sections 498A, 406, 323 and 506(i) IPC on the file of the 1st respondent police herein and quash the same.

For Petitioner : Mr.K.Kannan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 Mr.S.Veera Raghavan for R2

ORDER

This petition has been filed to quash the FIR in Crime No.5 of 2022, pending investigation on the file of the 1st respondent. 2.When the matter came up for hearing on 12.9.2023, this Court passed the following order:

Mr.A.Damodaran, learned Additional Public Prosecutor, takes notice for the 1st respondent. Notice to the 2nd respondent returnable by four weeks. Private notice is also permitted.

2. There are general allegations available against the 1st petitioner (A2) and there are no allegation against the 2nd petitioner (A4). In view of the same, the 1 st respondent shall proceed further with the investigation but however no final report shall be filed until further orders.

3. Post this case after four weeks.

3.When the matter came up for hearing on 6.2.2024, this Court passed the following order:

The learned Government Advocate (Crl.Side) submitted that investigation is almost completed and that he will place the draft final report before this Court.

2.This Court wants to go through the draft final report and thereafter pass final orders in this petition. 3.Post this case under the same caption on 20.02.2024. 4.When the matter was taken up for hearing today, this Court had the advantage of going through the final report and the materials that are relied

upon along with the final report. On going through the same, it is seen that there are some specific allegations made as against the petitioners (A2 and A4).

5.In view of the above development, the relief as sought for in this petition cannot be granted by this Court. There shall be a direction to the 1st respondent to proceed further to file final report within a period of four weeks from the date of receipt of copy of the order. When the final report is acted upon and summons is issued to the petitioners and if the petitioners are aggrieved by the same, it is left open to the petitioners to workout their remedy in the manner known to law.

6.This criminal original petition is disposed of in the above terms. Consequently, connected miscellaneous petition is closed. 20.02.2024 Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No kp To 1.The Inspector of Police All Women Police Station Egmore Police Station Chennai.

2.The Public Prosecutor, High Court of Madras Madras.

N.ANAND VENKATESH.J., kp CRL.O.P No.20811 of 2023 20.02.2024