V.Ramamoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.3207 of 2024 V.Ramamoorthy ... Petitioner/A3 versus

1. State Rep. by The Inspector of Police, Maniyachi Police Station, Thoothukudi District.

2. K.Valarmathi ... Respondents Petition filed under Section 482 Cr.P.C. seeking to call for the records in FIR in Crime No.28 of 2023 pending on the file of the Maniyachi Police Station, Thoothukudi District and quash the same insofar as the petitioner is concerned.

For Petitioner : Mr.R.Mathialagan For R1 : Mr.P.Kottaichamy, Government Advocate (Crl. Side) 1/5

ORDER

The petitioner, who is arrayed as an accused No.3 in connection with the case in Crime No.28 of 2023 for the offences under Sections 294(b), 354(b), 352 and 506(i) IPC and Section 4 of the Tamilnadu Prohibition of Harassment of Women Act, 2002, has filed this petition, to quash the FIR, pending as against him.

2. The case of the prosecution is that on 20.08.2023 at 12.00 noon, the accused persons had tried to put up a cow shed in the eastern side of the 2nd respondent's house and when the same was questioned by the defacto complainant, the accused persons have abused her in filthy language and pushed her down and thereby, caused injury. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is a Law College Student. On the date of occurrence, he was at the College and he was not present at the scene of occurrence. However, he has also been added as an 2/5

accused in this case. He further submits that there are enough materials and evidence to substantiate the same. Therefore, he prays to quash the FIR.

4. The grounds raised by this petitioner can very well be considered by the Investigating Officer during the course of investigation. The FIR is nothing but registering the complaint in the register of the Police. The purpose of investigation is to find out truth whether the complaint is genuine or not. The Investigating Officer is expected to conduct the investigation in a fair manner by considering the evidence produced by the defacto complainant and the accused.

5. The motto of the Government in its emblem is Truth Alone Triumphs. Therefore, it is the responsibility of every Government servant including the Investigating Officer to discharge their duty as expected by the Government and to ensure Truth alone Triumphs.

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6. Therefore, this petition is closed with liberty to the Investigating Officer to conduct an investigation by considering the points raised by the petitioner in this petition, during the course of investigation and shall conclude the investigation within a period of six months either by filing final report or with a closure report. Consequently, connected miscellaneous petition is closed.

03.04.2024 NCC : Yes / No.

Index : Yes / No.

Internet: Yes / No.

ogy To

1. The Inspector of Police, Maniyachi Police Station, Thoothukudi District.

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B.PUGALENDHI, J.

ogy 03.04.2024 5/5