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Madras High CourtCRL OP(MD)/7856/2014dismissed

R.Manavalan 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.7856 of 2014 and M.P(MD).No.1 of 2014 1.R.Manavalan 2.R.Illayaraja 3.A.Gunasekaran

...Petitioners/Accused Nos. (1 to 3)

Vs.

1.The State represented by The Inspector of Police Y.Othakkadai Police Station Madurai.

....1st Respondent/Complainant 2.Piyara Devi ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.195 of 2013 on the file of the Inspector of Police, Y.Othakkadai Police Station, Madurai to quash the same.

For Petitioners : Mr.C.S.Ravichandran For R1 : Mr.V.Neelakandan, APP

ORDER

This criminal original petition has been filed to call for the records in Crime No.195 of 2013 on the file of the Inspector of Police, Y.Othakkadai Police Station, Madurai to quash the same. 2.Heard the learned counsel appearing for the petitioners and learned Additional Public Prosecutor appearing for the first respondent.

3.On perusal of records, it is seen that there are specific allegations as against the petitioners for the offences under Sections 420 and 506(ii) I.P.C These offences have to be investigated with documentary evidence. Because of this criminal original petition, the entire investigation has been stalled. If at all, there are any documentary evidence in favour of the https://hcservices.ecourts.gov.in/hcservices/

petitioners, let them produce before the first respondent police. Therefore, the F.I.R cannot be quashed on its threshold and the criminal original petition is liable to be dismissed. 4.Accordingly, the criminal original petition is dismissed. Consequently, the connected miscellaneous petition is closed. However, the first respondent is directed to conduct an enquiry on the basis of documents furnished by the petitioners as well as the second respondent and file the 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 Inspector of Police Y.Othakkadai Police Station Madurai 2.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +1CC to Mr.C.S.Ravichandran, Advocate, SR.No.88809 Crl.O.P.(MD).No.7856 of 2014 and M.P(MD).No.1 of 2014 03.10.2018 MSA ES/RP/SAR 1/31.10.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/