Madras High CourtCRL OP/29369/2024dismissed

Vijay v. The State Rep.By

2024-11-25Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.29369 of 2024 and Crl.M.P.No.16450 of 2024 Vijay ... Petitioner Vs.

1. The State represented by The Inspector of Police Selaiyur AWPS Police Station Chennai District

2. Tamilselvi ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the connected records made in Crime No.17 of 2024 dated 06.05.2024 on the file of the Inspector of Police, Selaiyur AWPS Police Station, Chennai District and quash the same as illegal.

For Petitioner : Mr.R.Sankarasubbu For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor For 2 nd Respondent : Mr.R.Bhalasubramaniom 1/4

ORDER

This Criminal Original Petition has been filed by the petitioner to quash the FIR in Crime No.17 of 2024 dated 06.05.2024 on the file of the 1 st respondent police.

2. The learned Senior Counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner. He further submitted that the 2 nd respondent is in the habit of giving complaints against many persons and that she has also lodged complaints against other persons in some other police station.

3. The learned Additional Public Prosecutor submitted that there is a specific allegation against the petitioner and the investigation has already been stated. Further, the statement recorded from the defacto complainant revealed prima facie case.

4. The learned counsel for the 2 nd respondent strongly objected to quash the FIR.

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5. Heard both sides and perused the materials available on record.

6. A reading of the FIR and statement recorded by respondent police clearly shows prima facie allegations against the petitioner. Under these circumstances, it is the bounden duty of the respondent police to investigate the matter and file charge sheet and this Court is not inclined to quash the FIr.

7. This Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

8. The respondent police is directed to complete the investigation and file charge sheet.

25.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 To

1. The Inspector of Police Selaiyur AWPS Police Station, Chennai District

2. The Public Prosecutor High Court of Madras 3/4

P.VELMURUGAN. J.

Ksa-2 25.11.2024 4/4