S.Gopinath@Gopi v. State Of Tamil Nadu Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2019
CORAM
THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.31389 of 2019 and Crl.M.P.No.17154 of 2019 1.S.Gopinath @ Gopi 2.K.Sekar 3.Radha
...Petitioners
-Vs1.State rep.by Rep.by its Inspector of Police Vellore Taluk Police Station Crime No.80 of 2017 2.Elumalai 3.State of Tamil Nadu Rep.by its Inspector of Police Vellore North Police Station ... Respondents (R3 is impleaded as per order in Crl.M.P.No.18068/2019 in Crl.O.P.No.31389/2019 dated 04.12.2019) Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the registration of the First Information Report in F.I.R.No.80 of 2017, on the file of the first respondent herein, and to quash the same.
For Petitioners : Mr.W.M.Abdul Majeed For Respondents : Mr.M.Mohamed Riyaz for R1 & R3 Additional Public Prosecutor
ORDER
This petition has been filed by the accused to quash the FIR in Cr.No.80/2017 on the file of the first respondent.
2. It is seen from the records that based on the complaint given by the first petitioner herein, the first respondent has registered an FIR in Cr.No.79/2017. So it appears that the case in Cr.No.79/2017 and case in Cr.No.80/2017 are counter cases. The first petitioner herein has filed Crl.O.P.No.31366 of 2019 to direct the third respondent to expedite the investigation in Cr.No.79/2017 and file final report at early.
3. Considering the said submissions, this Court by the order dated 09.12.2019 has directed the third respondent herein to expedite the investigation and file final report within a period of three months from the date of receipt of a copy of the said order. Since this case is a counter case, the request of the petitioners to quash the FIR in Cr.No.80/2017 cannot be accepted. This Court is of the view that the Investigating Officer has to conduct the investigation in both the cases and then only, he can find who is aggressor and therefore, in this case also, the third respondent is directed to expedite the investigation and file final report within a period of three months from the date of receipt of a copy of this order.
4. With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dna To 1.The Inspector of Police Vellore Taluk Police Station Crime No.80 of 2017.
2.The Inspector of Police Vellore North Police Station 3.The Public Prosecutor, High Court, Madras.
+2cc to Mr.W.M.Abdul Majeed, Advocate Sr.104383 and 103046 Crl.O.P.No.31389 of 2019 and Crl.M.P.No.17154 of 2019 mp[co] srg 28/01/2020