Madras High CourtCRL OP(MD)/2976/2021dismissed

Ayyasamy v. The Inspector Of Police

2021-02-25Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.2976 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.2976 of 2021 and Crl.M.P.(MD)No.1603 of 2021 Ayyasamy

...Petitioner

/Vs./ 1.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

2.Shalinin Sunila

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in Crime No.26 of 2020 on the file of the first respondent and quash the same. For Petitioner : Mr.A.Balakrishnan For Respondent No.1 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This petition is filed to quash the First Information Report in Crime No.26 of 2020 on the file of the first respondent. 2.The main contention of Mr.A.Balakrishnan, learned counsel for the petitioner is that the petitioner has been falsely implicated by the second respondent / defacto complainant.

3.It is settled law that the First Information Report and the consequent investigation cannot be quashed unless there is no offence spelt out on the basis of the allegations alleged and there is no question of considering the merits of the allegations contained in the First Information Report at this stage or testing the veracity of the allegations. A perusal of the First Information Report shows that certain cognizable offences are made out as against the present petitioner and therefore, I do not find any reason to quash the First Information Report in Crime No.26 of 2020. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2976 of 2021 4.With the above observation, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Sm Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

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

+1 CC to M.A.BALA KRISHNAN, Advocate ( SR-7814[F] dated 01/03/2021 ) Crl.O.P.(MD)No.2976 of 2021 25.02.2021 VB (15.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2