Madras High CourtCRL OP(MD)/6004/2016dismissed

M.Saranya v. The Inspector Of Police

2016-04-13Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.6004 of 2016 and Crl.M.P.(MD) No.2956 of 2016 M.Saranya ... Petitioner / Accused No.4 vs.

1.The Inspector of Police Karaikudi North Police Station Karaikudi, Sivagangai District (Crime No.434 of 2015) ... 1st Respondent / Complainant 2.S.Arumugam ... 2nd Respondent / De facto Complainant PRAYER: This petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.434 of 2015, dated 14.07.2015 under Sections 363 and 506 (i) I.P.C., on the file of the Respondent No.1 and quash the same as illegal.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mrs.S.Prabha, G.A.(Crl.Side) for R1

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking quashment of the proceedings in Crime No.434 of 2015, on the file of the first respondent Police.

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

3. The second respondent / de facto complainant, in his complaint, has alleged that his son Prabhu, who suffers blindness, is a cancer patient and he was abducted by the accused in a vehicle and his whereabouts is not known. Since the complaint discloses cognizable offences, it cannot be quashed at the threshold, in the light of the decision rendered by the Hon'ble Supreme Court in State of Haryana and Others vs. Bhajan Lal, reported in [1992 Supp (1) SCC 335].

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4. In the result, this criminal original petition is devoid of merits and it is dismissed. Consequently, connected criminal miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl.Side) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

krk To 1.The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District.

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

+1 cc to Mr.T.Lajapathi Roy,Advocate SR No.21018 Rg.GSV/12.05.2016 2p/4c Crl.O.P.(MD) No.6004 of 2016 and Crl.M.P.(MD) No.2956 of 2016 13.04.2016 https://hcservices.ecourts.gov.in/hcservices/