Madras High CourtCRL OP(MD)/1378/2019dismissed

Padmanabhan, v. The Inspector Of Police

2019-03-12Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.1378 of 2019 and Crl.M.P.(MD)No.665 of 2019 1.Padmanabhan 2.Pushpavalli 3.Sathishkumar : Petitioners Vs.

1.State represented by The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.

(Crime No.601 of 2018) 2.Rajkumar : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.601 of 2018 dated 02.11.2018 on the file of the first respondent and quash the same. For Petitioner : Mr.K.Vinayagan For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) For R2 :No Appearance

O R D E R

The present petition is filed for quashing the FIR registered under Sections 294(b), 324 and 506(2) IPC.

2. The quintessence of the FIR reads that there has been money transaction between the defacto complainant and the accused, following which the accused persons joint together assaulted the petitioner. Prima facie, FIR indicates commission of offence and involvement of the accused persons in the crime.

3. The learned counsel for the petitioner submitted that at the instance of the petitioner, a case against the defacto complainant in this case came to be registered in Crime No.602 of 2018, which again is under Sections 294(b), 323 and 506(1) IPC.

4. The learned Government Advocate (Crl.side) submitted that both the case and the counter case are being investigated into. https://hcservices.ecourts.gov.in/hcservices/

5. This Court finds that it is too premature to interfere with the course of investigation at this stage, since the FIR discloses

commission of crime and specific overt act attributed to each of the petitioners.

6. Therefore, the Investigating Agency is directed to enquire both the case and the counter case and take to its logical end and lay the final report as expeditiously as possible but not later than three months from today (i.e., 12.03.2019).

7. With the above direction, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.

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

Crl.O.P.[MD]No.1378 of 2019 TA KK/SAR-/27.03.2019/2P-3C https://hcservices.ecourts.gov.in/hcservices/