V.Rajagopal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI V.Rajagopal ... Petitioner

Versus

1. State rep. by its The Inspector of Police, All Women Police Station, Suramangalam, Salem, Salem Dt.

(Crime No.19 of 2021)

2. Aruna ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.19 of 2021 on the file of the Inspector of Police, All Women Police Statin, Suramangalam, Salem, Salem District and quash the same. Page No.1 of 4

For Petitioner :

Mr.B.Kumarasamy For Respondents :

Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the F.I.R. in Crime No. 19 of 2021 on the file of 1st respondent police.

2. Heard both sides.

3. The petitioner is sole accused in Crime No.19 of 2021 for the offence under Sec.343, 323, 307 I.P.C. and Sec.77 JJ Act 2015 and Sections 5 (a) r/w 6 of POCSO Act, 2012 and the allegation levelled against him stating that he said to have beaten 2nd respondent and also said to have given sexual harassment to 2nd respondent's daughter, who is 3 1⁄2 of year old child. Accordingly, he filed this petition to quash the proceedings in the F.I.R. stating that there is no basic materials against him. But, the learned Government Advocate (Criminal Side) appearing for 1st respondent raised objections stating that he was charged under Sec. 343, 323, 307 I.P.C. and Sec.77 JJ Act 2015 and also charged under Sections 5 (a) r/w 6 of POCSO Act, 2012. However, even after released Page No.2 of 4

on bail, the petitioner has not complied the conditions and with great effort, he was secured. Hence, he prayed to dismiss this petition.

4. Records perused. On perusal of records, it reveals that the petitioner was arrested in the year of 2022, but due to his nonappearance, there was a delay in submitting the final report. Moreover, the conduct of petitioner also shows that he is not cooperating with the investigation. Therefore, on considering the nature of offence lodged against this petitioner, this Court is not inclined to quash the proceedings. Accordingly, this Criminal Original Petition is dismissed as no merit. 11.01.2024 Index: Yes/No Internet: Yes/No rpp To

1. The Inspector of Police, All Women Police Station, Suramangalam, Salem, Salem Dt.

2. The Public Prosecutor, High Court, Madras.

Page No.3 of 4

T.V.THAMILSELVI, J.

rpp CRL.O.P.No.27468 of 2022 11.01.2024 Page No.4 of 4