Madras High CourtCRL OP(MD)/17774/2018dismissed

S.George v. The Sub Inspector Of Police

2018-10-10Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.17774 of 2018 and Crl.M.P (MD) No.7879 of 2018 S. George ... Petitioner/Sole Accused Vs.

1. The State Represented by The Sub Inspector of Police Bhoothapandy Police Station Kanyakumari District ...1st Respondent/Complainant

2. Valliyammai ...2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in the FIR comprised in Crime No.243 of 2018 on the file of the first respondent. For Petitioners : Mrs. L.Victoria Gowri For Respondent : Mrs.S Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No. 243 of 2018.

2. The petitioner is the sole accused whose name has been shown in the First Information Report. The First Information Report has been registered for alleged offences under Sections 294 (b),323, 506(i) and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

3. The learned counsel has raised various grounds in order to question the First Information Report registered by the respondent police. One of the ground raised by the learned counsel for the petitioner is that the petitioner was not at the scene of alleged occurrence and he was taking care of his wife who had given birth to a baby just two days prior to the date of occurrence.

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4. The ground that has been raised by the learned counsel for the petitioner cannot be gone into at this stage. Since the investigation is pending before the respondent police, the clear picture will emerge only after completion of investigation and filing of final report by the respondent police.

5. In view of the above the Criminal original Petition is dismissed and it is left open to the petitioner to challenge the final report, if so advised. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS-III) To

1. The Sub Inspector of Police Bhoothapandy Police Station Kanyakumari District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC To MR.L.VICTORIA GOWRI, Advocate SR. NO.89922 +1 CC To MR.R.MAHESWARAN, Advocate SR. NO. 90535 Crl.O.P.(MD)No.17774 of 2018 10.10.2018 AAV TR/SKN/SAR-III(12.11.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/