S.S.P. Rajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.11915 of 2014 and M.P.(MD) No.1 of 2014 1.S.S.P.Rajan 2.Thanglet 3.Britelet 4.Qubert Robinson .. Petitioners/Accused No.1 to 4 Vs.

1.State rep. through The Inspector of Police, Kottrikode Police Station, Kanyakumari District.

Crime No.267 of 2013 ..Ist Respondent/Complainant 2.Mariya Thangam .. II Respondent/Defacto Complainant PRAYER: This Criminal Original Petitions have been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the FIR registered in crime No.267 of 2013 on the file of the 1st respondent police and quash the same as illegal so far as the petitioner is concerned..

For Petitioners : Mr.Ajmal Khan Senior Counsel for M/s.Ajmal Associates For Respondents : Mr.K.Dinesh Babu, APP for R1

O R D E R

This quash petition is filed to quash the FIR registered in crime No.267 of 2013 on the file of the 1st respondent against the petitioners.

2.The learned Additional Public Prosecutor would submit that the investigation is almost over and because of the stay granted by this Court, they are unable to lay the charge sheet. 3.Perusal of the grounds raised by the learned counsel for the petitioners would show that there are no merits in the grounds raised by the learned counsel for the petitioners to quash the criminal proceedings against them. The grounds raised in the petition have to be gone into in a full fledged investigation. Further, perusal of the FIR would show that there are specific https://hcservices.ecourts.gov.in/hcservices/

allegations as against the petitioners and it cannot be quashed at the threshold. Furthermore, the investigation has already been over and the first respondent is yet to file the charge sheet before the concerned Court. Therefore, this Court is not inclined to quash the proceedings and the criminal original petition is liable to be dismissed.

4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. However, the first respondent is directed to file the final report, within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS-III) To 1.The The Inspector of Police, Kottrikode Police Station, Kanyakumari District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

• 1 CC TO M/s.Ajmal Associates , ADVOCATE IN SR No.86500. • • ARUL • DS SKN SAR3 13 11 2018 2P 4C Crl.O.P.(MD).No.11915 of 2014 and M.P.(MD) No.1 of 2014 24.09.2018 https://hcservices.ecourts.gov.in/hcservices/