Madras High CourtCRL OP(MD)/22067/2014dismissed

Jothi v. The Sub Inspector Of Police

2018-10-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.22067 of 2014 1.Jothi 2.Alagu .. Petitioners/Accused Nos.1 and 2 Vs.

1. State rep. by The Sub Inspector of Police, B2-Keelavalavu Police Station, Melur Taluk, Madurai District.

(Crime No.236 of 2014) .. 1st Respondent/Complainant 2.Krishnaveni .. 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings in Crime No.236 of 2014 on the file of the 1st respondent police and quash the same. For Petitioners : Mr.A.V.Arun For Respondents : Mr.V.Neelakandan Additional Public Prosecutor for R1

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No.236 of 2014 on the file of the 1st respondent police for the offences under Sections 294(B), 448, 323, 506(ii) IPC, in which the petitioners are arrayed as A1 and A2.

2.The learned Additional Public Prosecutor submitted that investigation has been completed and the charge sheet yet to be filed. Only because of the pendency of this petition to quash the F.I.R, the first respondent is unable to file the charge sheet. 3.It is seen from the averments made in the FIR, that there is specific allegations as against the petitioners herein. Further the FIR cannot be quashed at this stage. Therefore, this court is not inclined to quash the FIR.

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4.Accordingly, this Criminal Original Petition is dismissed. However, considering the year of the case, the first respondent is directed to file a final report within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar(w) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Sub Inspector of Police, B2-Keelavalavu Police Station, Melur Taluk, Madurai District.

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

TM VB/RP/SAR1/15.11.2018/2P/3C Crl.O.P.(MD).No.22067 of 2014 03.10.2018 https://hcservices.ecourts.gov.in/hcservices/