Madras High CourtCRL OP/746/2016dismissed

Saravanan v. State Rep By

2016-01-12Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.746 of 2016 and Crl.M.P.No.347 of 2016 1.Saravanan 2.Sourirajulu ... Petitioners /Accused Vs 1.State represented by The Inspector of Police, F4, Thousand Lights Police Station, Triplicane, Chennai District.

... 1st Respondent/Complainant 2.R.Prem ... 2nd Respondent/Defecto Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and quash the FIR No.1579 of 2015 dated 12.8.2015 pending investigation on the file of the first respondent police.

For Petitioners :

Mr.K.Sasindran For respondents :

Mr.C.Emalias, Addl. Public Prosecutor, for R.1

ORDER

The present criminal original petition has been filed to call for the records in FIR No.1579 of 2015 dated 12.8.2015 pending investigation on the file of the first respondent police and quash the same.

2. The case in Crime No.1579 of 2015 has been registered against the petitioners based on the complaint given by the second respondent herein for the alleged offence punishable under Section 420 I.P.C. To quash the same, the https://hcservices.ecourts.gov.in/hcservices/

present criminal original petition has been filed.

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 petitioners are 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 petitioners are at liberty to work out their remedy after filing of the final report. The first respondent is directed to complete the investigation and file a final report as expeditiously as possible, preferably within three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sbi To 1.The Inspector of Police, F4, Thousand Lights Police Station, Triplicane, Chennai District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.Sasindran, Advocate, sr.2283 Crl.O.P.No.746 of 2016 scd co kra 01.02.2016 https://hcservices.ecourts.gov.in/hcservices/