Madras High CourtCRL OP(MD)/7675/2019dismissed

A.Anthony Karl @ Karl, v. The Inspector Of Police,(L&O),

2019-06-06Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL OP(MD).No. 7675 of 2019 in CRL.M.P(MD)No.4727 of 2019 A. Anthony Kari @ Kari ... Petitioner Vs.

1.The Inspector of Police(L & O), Palakarai Police Station, Trichy City.

2.Thirumanimala ... Respondents PRAYER : This Petition filed under Section 482 of Criminal Procedure Code to call for the records relating to FIR in Crime No.757 of 2016, on the file of the first respondent Police and quash the same. For Petitioners : Mr.S.Sankarapandian For 1st Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) ***

ORDER

This Criminal Original Petition has been filed to call for the records relating to FIR in Crime No.757 of 2016, pending on the file of the first respondent Police and quash the same.

2. The petitioner is accused in Crime No.757 of 2016, for the offences punishable under Sections 294(b), 506(i) of IPC and Section 67 of the Information Technology Act, 2000. As per the complaint, the petitioner used to send an obscene massages to the petitioner in the mobile phone. While the 2nd respondent / complainant questioning the petitioner, he threatened her with dire consequences and abused her in filthy language.

3. The learned Government Advocate (Crl. Side) appearing for the first respondent, on instructions, submitted that entire investigation in this case has been completed and the final report was also filed before the concerned Court and the same is yet to be taken on file.

4. Heard the learned counsel appearing on either side and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

5. A perusal of the complaint it is seen that prima facie case is made out for registering the complaint. Apart from that, now, the investigation has been completed and the charge sheet was filed before the concerned Court and the same is yet to be taken on file. Hence, this Court find no merits in this petition.

6. Accordingly, the Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS- ) trp To

1. The Inspector of Police(L & O), Palakarai Police Station, Trichy City.

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

+1 CC to M/s.S.S.SANKARAPANDIAN, Advocate ( SR-67258[F] dated 06/06/2019 ) CRL OP(MD).No. 7675 of 2019 in CRL.M.P(MD)No.4727 of 2019 06.06.2019 ES/18.06.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/