Madras High CourtCRL OP(MD)/11402/2018disposed of

Rajavimal Singh v. The Inspector Of Police

2018-07-12Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.11402 of 2018 and Crl.M.P.(MD)No. 5186 of 2018 Rajavimal Singh ... Petitioner/Accused No.1 Vs.

1.State represented by The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.

(Crime No.62 of 2018) ... 1st Respondent/Complainant 2.P.Tiju ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the records relating to the Crime No. 62 of 2018 on the file of the first respondent police and quash the same against the petitioner as illegal. For Petitioner : Mr.PR Boomee Rajan For Respondent : Mr.Prabhu Ramachandran, No.1 Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to call for the records relating to the Crime No. 62 of 2018 on the file of the first respondent police and quash the same as illegal. 2.According to the learned counsel for the petitioner, a complaint was preferred by the second respondent, on the basis of the complaint, a case has been registered in Crime No.62 of 2018 by the first respondent herein. Due to the previous enmity, the petitioner has been wrongly implicated in the said criminal case. No evidence is placed to prove that the defacto complainant was sustained injuries. Therefore, the petitioner filed this present https://hcservices.ecourts.gov.in/hcservices/

Criminal Original Petition, to quash the impugned First Information Report.

3.The learned Government Advocate (Criminal side) submitted that the investigation is still pending and there is no grounds to quash the impugned proceedings. At the investigation stage, the impugned FIR proceedings cannot be challenged. Therefore, the present Criminal Original Petition is filed by the petitioner at the premature stage.

4.By considering the submissions of both parties, no ground has been raised to interfere with the impugned proceedings to stall the investigation process. Therefore, this Court cannot entertain this Criminal Original Petition, on request of the petitioner, the first respondent is directed to complete the investigation and submit the final report within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar(CS-3) To

1. The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.

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

+2 CC to Mr.PR.BOOMEE RAJAN, Advocate in SR.No.72886 PNN RJ/RP/SAR-3/24/07/2018 - 2P/5C Crl.O.P.(MD) No.11402 of 2018 and CRL.M.P.(MD).NO.5186 of 2018 12.07.2018 https://hcservices.ecourts.gov.in/hcservices/