Similal Singh, v. The Insepctor Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8709 of 2016 and Crl.MP.No.4547 of 2016 1.Similal Sing 2.S.Gayathari .. Petitioners Vs.

1.The Inspector of Police, Chennai Central Police station, Chennai District.

2.Sudhakar .. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in Crime No.39 of 2016 on the file of the first respondent and quash the same. For Petitioner : Mr.M.Sathish Kumar For Respondents : Mr.C.Emalias Additional Public Prosecutor for R1.

ORDER

The petitioner who is arrayed as an accused has come forward with this petition for quashing the FIR in Crime No.39 of 2016 for the offences punishable under Sections 294(b), 323 and 506(ii) of IPC.

2.Learned counsel appearing for the petitioner submitted that the petitioners are Junior Officers under the de-facto complainant, namely, the second respondent herein and the first petitioner met out harassment under him. Hence, the first petitioner gave a complaint and on that basis, a case has been registered against the second respondent in Crime No.40 of 2016 for the offences punishable under Sections 294(b), 353 and 506 https://hcservices.ecourts.gov.in/hcservices/

(ii) of IPC. He further submitted that as a counter blast, the second respondent has preferred the present complaint and on that basis, a case in Crime No.39 of 2016 has been against the petitioners for the offences punishable under Sections 294(b), 323 and 506(i) of IPC. Hence, the above petition has been filed for the above stated relief.

3.Heard the learned Additional Public Prosecutor appearing for the first respondent.

4.On perusal of the FIR, it is seen that the case in Crime No.39 of 2016 has been registered on 12.02.2016 and investigation is going on. In such circumstances, I am of the view that it is too pre-mature to quash the FIR in Crime No.39 of 2016. Hence, this petition deserves to be dismissed. 5.In the result, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cse To 1.The Inspector of Police, Chennai Central Police station, Chennai District.

2.The Public Prosecutor, High Court, Madras.

1 cc to M/s.M.Sathishkumar, Advocate, sr.26565 Crl.O.P.No.8709 of 2016 and Crl.MP.No.4547 of 2016 jsv co kra 20.05.2016 https://hcservices.ecourts.gov.in/hcservices/