Vijaya v. Iop All Women Ps Virudhachalam Cuddalore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2018 CORAM :

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.No.24147 of 2018 and Crl.M.P.No.13636 of 2018 1.Vijaya 2.Ajitha 3.Marimuthu .. Petitioners Vs State rep by 1.The Inspector of Police, All Women Police Station, Virudhachalam, Cuddalore District.

2.Kanimozhi ..Respondents Prayer :

Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and quash the FIR filed in Crime No.22 of 2018 pending investigation on the file of the 1st respondent police in so far as the accused 2 to 4 (A2, A3 & A4) (wrongly mentioned as petitioners 2 to 4) are concerned. For Petitioners : Mr.K.Gandhi Kumar For R1 : Mrs.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records and quash the FIR in Crime No.22 of 2018 pending investigation on the file of the 1st respondent police in so far as the petitioners (A2, A3 & A4) are concerned.

2. On the complaint lodged by one Kanimozhi, the 1st respondent police have registered a case in Crime No.22 of 2018 on 30.07.2018, for the offences under Sections 417, 376, 312, 420 and 506(ii) IPC, against four accused, including the petitioners/A2 to A4, who are the close relatives of A1.

3. Mr.K.Gandhi Kumar, learned counsel for the petitioners/A2 to A4 submitted that there are no serious allegations as against https://hcservices.ecourts.gov.in/hcservices/

the petitioners/A2 to A4, and the main allegation is only as against Janakiraman (A1).

4. Per contra, learned Additional Public Prosecutor, appearing for the 1st respondent police, refuted the contentions.

5. There appears to be much force in the submission of Mr.K.Gandhi Kumar. However, the FIR cannot be quashed at the threshold, without a full fledged investigation. Hence, this Criminal Original Petition is closed with a direction to the Deputy Superintendent of Police, Virudhachalam Sub Division, to monitor the investigation in Crime No.22 of 2018, that is being conducted by the Inspector of Police, All Women Police Station, Virudhachalam, and if during investigation, it is found that the petitioners/A2 to A4 are innocent, it is needless to state that further action against the petitioners/A2 to A4 should be dropped. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mkn To 1.The Deputy Superintendent of Police, Virudhachalam Sub Division, Virudhachalam.

2.The Inspector of Police, All Women Police Station, Virudhachalam, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Gandhikumar, Advocate, S.R.No.70488 Crl.O.P.No.24147 of 2018 and Crl.M.P.No.13636 of 2018 rrs 30/10/2018 https://hcservices.ecourts.gov.in/hcservices/