Madras High CourtCRL OP(MD)/13882/2017dismissed

Prethi v. The Inspector Of Police

2017-10-30Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD).No.13882 of 2017 and CRL.M.P.(MD)No.9314 of 2017

1. Prethi

2. Sivapriya

3. Sumathi

4. Suriyakala . . Petitioners/Accused Nos.1 to 4 Vs.

1. State represented by, The Inspector of Police, Sessions Court Police Station, Trichy District.

(Crime No.610 of 2017) . . Respondent/Complainant

2. Nathiya . . Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the First Information Report pertaining to the case in Crime No.610 of 2017 on the file of the first respondent police and to quash the same. For Petitioners : Mr.S.Ramasamy For R-1 : Mr.C.Ramesh, Additional Public Prosecutor.

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ORDER

This Criminal Original petition is filed for quashing the First Information Report in Crime No.610 of 2017 on the file of the first respondent police.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

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3. It is stated that the petitioners are the accused Nos.1 to

4. It is further stated that the second respondent who is working as Social Organizer at Collector's Office, Trichy, has given a complaint as against the petitioners for the alleged offences under Sections 294(b), 323 and 506(i) of I.P.C. It is also stated that the complaint is a false one and that the same was lodged with a delay of forty seven days.

4. Reading of the complaint, it is seen that the allegations constitute cognizable offences for which the case was registered as against the petitioners. The probability of the incident or truth or otherwise of the allegations made in the complaint cannot be decided at this stage where the petition is for quashing the First Information Report. No other legal ground is made by the learned counsel for the petitioner to quash the First Information Report. Hence, leaving it open to the petitioners to raise all their points in defence either in the course of investigation before filing of Charge Sheet or before the Court at the appropriate time, the Criminal Original petition is dismissed. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To

1. The Inspector of Police, Sessions Court Police Station, Trichy District.

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

+1cc to Mr.S.RAMASAMY,Advocate,SR.84794 Crl.O.P.(MD).No.13882 of 2017 30.10.2017 pmu KK/MR KKR/SAR 2/10.11.2017/ 2P- 4C/ https://hcservices.ecourts.gov.in/hcservices/