Greeta, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.14262 of 2017 and CRL.M.P.(MD) No.9514 of 2017 Greeta : Petitioner / 3rd Accused -Vs1. State represented by Inspector of Police, Thideer Nagar Police Station, Madurai.

: Respondent / Complainant

2. Mariadass : Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in connection with Crime No.397 of 2017 on the file of the first respondent police and quash the FIR insofar as the petitioner is concerned.

For Petitioner : Mr.S.Poorna Chandran For Respondent 1 : Mr.K.S.Durai Pandian Additional Public Prosecutor

O R D E R

This petition is filed for quashing the First Information Report in Crime No.397 of 2017 on the file of the first respondent police.

2.The petitioner is the third accused in the complaint. The second respondent lodged a complaint as against the petitioner and others and the same was registered in Crime No.397 of 2017 on the file of the first respondent for the alleged offences punishable under Section 341, 294(b), 323 and 109 I.P.C. It is stated in the complaint that at the instigation of the petitioner / third accused, the other accused have committed the crime.

3.It is well settled that the truth or otherwise on the allegation made in the complaint cannot be considered at this stage in the petition filed by the petitioner for quashing the criminal complaint. The petitioner stated that there is a motive https://hcservices.ecourts.gov.in/hcservices/

for giving a false complaint against the petitioner and that the complaint is not sustainable having regard to the admitted position that no overt act has been alleged as against the petitioner. The contention of the learned counsel for the petitioner has no merits. The petitioner is charged for offences punishable under Sections 341, 294(b), 323 and 109 I.P.C. Having regard to the nature of complaint and the specific allegation made against the petitioner, this Court is not inclined to hold that the complaint does not make out a case or disclose any offence as against the petitioner. The probability or motive as submitted by the learned counsel for the petitioner cannot be a ground for quashing the criminal complaint. Hence, this petition is dismissed as devoid or merits with a cost of Rs.1,000/- (Rupees one thousand only) payable to the credit of the Chief Justice Relief Fund within a period of two weeks from the date of receipt of a copy of this order. Consequently, the connected criminal miscellaneous petition is closed.

4.Post the matter for compliance after two weeks from the date of issuance of the order copy.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To

1. The Inspector of Police, Thideer Nagar Police Station, Madurai.

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

3. The Section Officer, Account Section, Madurai Bench of Madras High Court, Madurai.

Srm MK/KK/SAR-3/10.11.2017/2P/4C CRL.O.P.(MD)No.14262 of 2017 27.10.2017 https://hcservices.ecourts.gov.in/hcservices/