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Madras High CourtCRL OP(MD)/23345/2014dismissed

Kaveri v. The 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.23345 of 2014 and M.P.(MD).No.1 of 2014 Kaveri .. Petitioner/Accused No.2 Vs.

1.The Inspector of Police, District Crime Branch, Dindigul District.

.. Respondent/Complainant 2.R.Kalarani .. Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining in Crime No.49 of 2014 on the file of the District Crime Branch, Dindigul, and quash the same as illegal with regard to the petitioner.

For Petitioner : Mr.S.Jayavel For Respondents : Mr.A.P.G.Ohm Chairma Prabhu for R1 Government Advocate (Crl. Side) Mr.S.Palanivelayutham for R2

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining in Crime No.49 of 2014 on the file of the District Crime Branch, Dindigul, and quash the same as illegal with regard to the petitioner.

2.The learned Government Advocate (Crl. Side) 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 petitioner herein. Further the FIR cannot be quashed at this stage. Therefore, this court is not inclined to quash the FIR.

https://hcservices.ecourts.gov.in/hcservices/ 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 four weeks from the date of receipt of a copy of this order.

Sd/ Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar(CS-I) To 1.The Inspector of Police, District Crime Branch, Dindigul District.

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

+1cc to Mr.S.PALANIVELAYUTHAM, Advocate, SR.No.88930 Crl.O.P.(MD).No.23345 of 2014 KK/RP/SAR-1/03.12.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/