Gobi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.8136 of 2017 and Crl.M.P.(MD)No.5514 of 2017 Gobi : Petitioner -Vs1. The State Rep. by Its Inspector of Police, Cantonment Police Station, Trichy City.

(Crime No.400 of 2017).

2. Palanisamy : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for the FIR in Crime No.400 of 2017 on the file of the first respondent police and quash the same against the petitioner.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondent No.1 : Mr.K.Anbarasan, Government Advocate (Crl.side)

O R D E R

When the matter was taken up for hearing, the learned Government Advocate (Criminal side) submitted that on the complaint given by Palanisamy, the first respondent police registered a case in Crime No.400 of 2017 against Manimaran and Gobi. While so, the victim Rajeswari succumbed to the injuries and, therefore, the First Information Report has been altered to one under Section 304(A) of the Indian Penal Code on 25.03.2017 and alteration report has also been filed before the Jurisdictional Magistrate.

2. In view of the serious nature of the allegations in the First Information Report, this is not a fit case to quash the prosecution at the threshold. Hence, this Petition is dismissed with liberty to the petitioner to work out his remedies in the manner known to law. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To

1. The Inspector of Police, Cantonment Police Station, Trichy City.

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

SML PSM/GT/SAR2/10.07.2017/2P/3C Order made in CRL.O.P.(MD)No.8136 of 2017 Dated: 30.06.2017 https://hcservices.ecourts.gov.in/hcservices/