Kavitha, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.9792 of 2015 and M.P(MD).No.1 of 2015 Kavitha

...Petitioners/Sole Accused

Vs.

1.The State represented by The Inspector of Police Gandhi Market (Crime) Police Station, Trichy City.

(Crime No.1298 of 2012)

...Respondent/Complainant

2.N.Anand

...Respondent/De-facto

Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to FIR in Crime No.1298 of 2012, dated 29.11.2012, on the file of the Inspector of Police, Gandhi Market (Crime) Police Station, Trichy City and quash the same as against the petitioner. For Petitioner: Mr.S.Deenadhayalan For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

ORDER

This criminal original petition has been filed to call for the records relating to FIR in Crime No.1298 of 2012, dated 29.11.2012, on the file of the Inspector of Police, Gandhi Market (Crime) Police Station, Trichy City and quash the same as against the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent.

3. The learned Government Advocate (Crl. side) would submit that the investigation is completed, but yet to file the charge sheet.

https://hcservices.ecourts.gov.in/hcservices/

4. On perusal of records, it is seen that there are specific allegations as against the petitioner for the offences under

Sections 420, 467, 468 and 471 of I.P.C. These offences have to be interrogated with documentary evidence. Therefore, the first information report cannot be quashed on its threshold and the criminal original petition is liable to be dismissed.

5. Accordingly, the criminal original petition is dismissed. Consequently, the connected miscellaneous petition is closed. However, the first respondent is directed to file the final report within a period of four weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Inspector of Police, Gandhi Market (Crime) Police Station, Trichy City.

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

+ 1 CC TO MR.S.DEENADHAYALAN, ADVOCATE IN SR NO.91225 + 1 CC TO MR.L.SHAJI CHELLAN, ADVOCATE IN SR NO.91105 sji BU/VB/PM/SAR-III:22.11.2018 : 2P/5C Crl.O.P.(MD).No.9792 of 2015 and M.P(MD).No.1 of 2015 22.10.2018 https://hcservices.ecourts.gov.in/hcservices/