Madras High CourtCRL OP(MD)/4409/2019disposed of

M. Senthilkumar, v. The Inspector Of Police

2019-03-26Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4409 of 2019 and Crl.M.P.(MD)No.2675 of 2019 M.Senthilkumar : Petitioner/Accused No.1 Vs.

1.The State through The Inspector of Police, Adirampattinam Police Station, Thanjavur District. : Respondent/Respondent (Crime No.245 of 2017) 2.P.Rathinam : Respondents/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records connected with the case in Crime No.245 of 2017 pending on the file of the first respondent and quash the same as illegal.

For Petitioner : Mr.S.A.Baskaran For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)

ORDER

The present petition is filed to quash the FIR in Crime No.245 of 2017 registered for an offence under Sections 294(b), 324, 341 and 506(ii) IPC.

2. The learned counsel appearing for the petitioner submitted that it is a case and case in counter and so far as the present case is concerned, in which the petitioner has been roped in, no accused are named and that the very occurrence was reported after a delay of 12 days.

3. The learned Government Advocate (Crl.side) appearing for the respondents submitted that investigation is pending both in Crime No.245 of 2017 which relates to the present case and the other case in Crime No.244 of 2017.

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4. On a careful perusal of the FIR, this Court does not find any material adequate enough for this Court to interfere with the ongoing course of investigation by quashing the FIR. Suffice to say, the present petition is premature since it is also connected to another case in Crime No.244 of 2017. Necessarily both may have to be investigated to their logical end. The petition is therefore dismissed as devoid of merits. The first respondent is directed to complete the investigation of both the cases within a period of four weeks from the date of receipt of a copy of this order and lay a charge sheet. The petitioner is at liberty to challenge the final report in the manner known to law, if there are grounds available to him. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) To 1.The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

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

Crl.O.P.[MD]No.4409 of 2019 and Crl.M.P.(MD)No.2675 of 2019 26.03.2019 rmi/ta ES/22.04.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/