Madras High CourtCRL OP(MD)/14309/2017dismissed

N.Suresh, 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.14309 of 2017 and CRL.M.P.(MD)No.9542 of 2017

1. N.Suresh

2. N.Mary

3. Rosewelt Mary @ Latha

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

1. The Inspector of Police, Panakudi Police Station, Tirunelveli District.

(Crime No.376 of 2012) ..2nd Respondent/Complainant

2. T.Thangarani ..2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the case in Crime No.376 of 2012 filed under Sections 498(A), 294(b), 379(N.H), 323, 120(b) and 506(ii) of I.P.C., pending investigation on the file of the first respondent and to quash the same. For Petitioner : Mr.R.Aravind Raj 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.376 of 2012 filed under Sections 498(A), 294(b), 379(N.H), 323, 120(b) and 506(ii) of I.P.C., pending investigation on the file of the first respondent.

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. The second respondent lodged the criminal complaint and the same was registered in Crime No.376 of 2012 by the first respondent for the alleged offences under Sections 498(A), 294(b), 379(N.H), 323, 120(b) and 506(ii) of I.P.C.

4. Learned Additional Public Prosecutor on instructions submitted that final report itself was filed and the same was taken on file in C.C.No.359 of 2017 on the file of the learned Judicial Magistrate, Valliyur.

5. Hence, the petition to quash the First Information Report is unsustainable. The Criminal Original petition is dismissed. However, liberty is given to the petitioner to challenge the final report. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Panakudi Police Station, Tirunelveli District.

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

+1cc to Mr.R.Aravind Raj, Advocate Sr.No.84204 PMU VB/MR/KKR/SAR4/13/11/2017/2P/4C Crl.O.P.(MD).No.14309 of 2017 and CRL.M.P.(MD)9542 of 2017 30.10.2017 https://hcservices.ecourts.gov.in/hcservices/