R.Murugeshwari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD) No.10813 of 2024 R.Murugeshwari ... Petitioner Vs 1.The Inspector of Police, All Women Police Station, Bodinayakanur, Theni District.

Crime No. 4/2024.

2.R.Pavithra,

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR in Crime No. 4/2024 dated, 03.03.2024 pending investigation on the file of the 1st respondent police/Complainant and quash the same against the petitioner. For Petitioner : Mr.Ilavarasan S, For R1 : Mr.P.Kottaichamy Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition is filed to quash the First Information Report in Crime No.4 of 2024, pending on the file of the first respondent police.

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2. The defacto complaint has made an allegation as against the petitioner by noting down the call details of her husband that her husband is having an illegal intimacy with the petitioner, due to which, the defacto complainant's husband has abused her. Based on the complaint given by the defacto complainant, a case in Crime No.4 of 2024 has been registered as against the petitioner, for the offences punishable under Sections 498(A), 506 and 506(ii) of IPC, on the file of the respondent police.

3.The learned counsel appearing for the petitioner submits that there is no specific averment as against this petitioner. However, on a vague allegation, this petitioner has been added as an accused. 4.The learned Government Advocate (Criminal Side) appearing for the first respondent submits that the case was registered on 03.03.2024 and the investigation is under progress and the grounds raised by the petitioner is a matter for trial. 5.This court considered the rival submissions made. 2/5

6.The case is pending at the stage of investigation. The grounds raised by the petitioner can very well be considered by the investigating officer during the course of investigation. The FIR is nothing but registering the complaint in the register of the Police. The purpose of investigation is to find out truth whether the complaint is genuine or not. The investigating officer is expected to conduct the investigation in a fair manner by considering the evidence produced by the defacto complainant and the accused. The grounds raised by the petitioner herein can very well be appreciated by the investigating officer during the course of investigation.

7.The motto of the government in its emblem is Truth Alone Triumphs and therefore, it is the responsibility of every government servant including the investigating officer to discharge their duty as expected by the government and to ensure Truth alone Triumphs. 8.Therefore, this petition is closed with liberty to the investigating officer to conduct the investigation by considering the points raised in this application, during the course of investigation and 3/5

shall conclude the investigation within a period of six months either by filing final report or with a closure report. 19.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The Inspector of Police, All Women Police Station, Bodinayakanur, Theni District.

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

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD) No.10813 of 2024 19.07.2024 5/5