S.Umesh v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.11027 of 2019 and Crl.M.P.(MD)No.6947 of 2019 S.Umesh ... Petitioner Vs.

1. The Sub-Inspector of Police, All Women Police Station, Srivaigundam, Thoothukudi District.

(Crime No.3 of 2019)

2. R.Saratha Priyadarshini ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in F.I.R., in Crime No.3 of 2019 on the file of 1st respondent dated 13.02.2019 and quash the same as illegal with respect to the petitioner.

For Petitioner : Mr.A.Anandan For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to quash the proceedings in Crime No.3 of 2019 pending on the file of the first respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Considering the nature of the order going to be passed in this petition, notice to the second respondent is dispensed with.

3. The grievance of the petitioner is that the second respondent, who is the relative of the petitioner herein, has given a complaint against the petitioner herein alleging dowry harassment. The petitioner is working a Police Constable and only for the purpose of defaming the petitioner, the second respondent has included the petitioner's name in the present case. Hence, the petitioner has filed the present petition.

4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the official respondents, on instructions, would submit that based on the complaint given by the second respondent, investigation has been https://hcservices.ecourts.gov.in/hcservices/

conducted and final report has also been filed before the learned Magistrate concerned.

5. The submission made by the learned Government Advocate (Crl.Side) is recorded. Considering the fact that the investigation on the complaint lodged by the second respondent has been completed and final report has also been filed, in which the petitioner is shown as accused, at this stage FIR cannot be quashed. Accordingly, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to challenge the final report, if he is so aggrieved. Consequently, connected miscellaneous petition is closed.

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

1. The Sub-Inspector of Police, All Women Police Station, Srivaigundam, Thoothukudi District.

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

+1 CC to Mr.A.ANANDAN, Advocate ( SR-80389[F] dated 07/08/2019 ) Crl.O.P.(MD)No.11027 of 2019 06.08.2019 ta MK (28.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/