Madras High CourtCRL OP(MD)/1232/2022disposed of

Sathiya Priya v. The Inspector Of Police

2022-01-25Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1232 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1232 of 2022 and Crl.M.P.(MD)No.902 of 2022 Sathiya Priya ... Petitioner/Accused No.4 Vs.

1.State of Tamil Rep by The Inspector of Police, K.Pudupatty Police Station, Pudukottai.

(Crime No.373 of 2020) ... 1st Respondent/Complainant 2.Palaniyappan ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records and quash the FIR in Crime No.373 of 2020 dated 28.11.2020 on the file of the respondent police under alleged Section 174(3) CrPC subsequently altered to Sections 306 and 304(b) of IPC.

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side) for R1.

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the first respondent. 2.This criminal original petition has been filed challenging the impugned FIR as far as she is concerned.

3.The learned counsel for the petitioner reiterated all the contentions set out in the memorandum of grounds. I do find them quite persuasive. The petitioner is an unmarried sister-in-law of the deceased. Since we are at the FIR stage, I am not in a position to go beyond a point. 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. If there is no legally acceptable material against the petitioner or if the allegations made against the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1232 of 2022 petitioner are inherently improbable, then definitely the first respondent would omit the name of the petitioner while filing the final report. But this call has to be taken by the first respondent. If any adverse final report is filed against the petitioner, it is always open to her to move this Court for relief. I am granting this liberty to the petitioner because I have not gone into the merits of the matter.

4.With this direction to the first respondent and liberty to the petitioner, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Inspector of Police, K.Pudupatty Police Station, Pudukottai.

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

+1 CC to M/s.PM.VISHNUVARTHANAN, Advocate ( SR-2495[F] dated 25/01/2022 ) Crl.O.P(MD)No.1232 of 2022 25.01.2022 MGJ(08.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2