Muthumari v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.11237 of 2015 and M.P(MD).No.1 of 2015 1.Muthumari 2.M.K.Ramachandran

...Petitioners/Accused Nos. 1 & 2

Vs.

1.The State represented by The Inspector of Police, City Crime Branch, Tirunelveli City.

(Crime No.23 of 2014)

...Respondent/Complainant

2.E.Esakki Muthu Pandian

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records pertaining to the case in Crime No.23 of 2014, on the file of the Inspector of Police, City Crime Branch, Tirunelveli City and quash the same. For Petitioners: Mr.R.Anand For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side) For R-2 : Mr.C.D.Johnson

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.23 of 2014, on the file of the Inspector of Police, City Crime Branch, Tirunelveli City.

2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent.

3. The learned Government Advocate (Criminal side) would submit that the investigation is almost completed, but yet to file the charge sheet.

4. On perusal of records, it is seen that there are specific allegations as against the petitioners for the offences under Sections 465, 467, 468, 471 and 420 of I.P.C. These offences have to be interrogated with documentary evidence. Therefore, the first information report cannot be quashed on its threshold and the criminal original petition is liable to be dismissed. https://hcservices.ecourts.gov.in/hcservices/

5. Accordingly, the criminal original petition is dismissed. Consequently, the connected miscellaneous petition is closed.

However, the first respondent is directed to file the final report within a period of four weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS-III) To 1.The Inspector of Police, City Crime Branch, Tirunelveli City.

2.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai + 1 CC TO MR.C.D.JOHNSON, ADVOCATE IN SR NO.91084 SJI BU/SKN/SAR-III :23.11.2018 : 2P/4C Crl.O.P.(MD).No.11237 of 2015 and M.P(MD).No.1 of 2015 22.10.2018 https://hcservices.ecourts.gov.in/hcservices/