P. Gunavathy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P(MD)No.8848 of 2025 P.Gunavathy ... Petitioner Vs.

1.The Inspector of Police, Eriodu Police Station, Eriodu, Dindigul District.

Crime No. 109/2025.

2.T.Viji ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to call for the records pertaining to the First Information Report in Crime no. 109/2025 dt. 20.04.2025 on the file of the Respondent No.1 and quash the same as illegal as against this petitioner concerned. For Petitioner : Mr.S.Arunnithy For Respondents : Mr.P.Kottai Chamy Government Advocate(Crl.side) 1/5

ORDER

The petitioner, who is the sole accused in Cr.No.109 of 2025 on the file of the first respondent Police, has filed this petition to quash the said proceedings.

2.The learned counsel appearing for the petitioner submits that the petitioner is no way connected with the crime, however, FIR has been registered as against her and also disputes averment made in FIR. 3.The learned Government Advocate(Crl.side) appearing for the first respondent submits that the grounds raised by the petitioner shall be appreciated by the Investigating Agency during investigation. 4.This Court has considered the submissions made on either side and perused the available records.

5.As rightly pointed out by the learned Government Advocate(Crl.side), the grounds raised by the petitioner are all factual aspects which cannot be decided by this Court in this petition and it is 2/5

matter for investigation. The case is still at the stage of investigation. The investigation is the process of finding out the truth. The respondent police are not supposed to conduct the investigation in a mechanical manner, only based on the complaint of the defacto complainant and the witnesses, if any, produced by the defacto complainant. They have to conduct the investigation in a fair manner by taking note of the materials and the documents if any placed by the accused also. Therefore, this Court at this stage is not inclined to interfere with the investigation in Cr.No.109 of 2025. The investigation agency shall find out the truth and to file the final report.

6.With the above directions, this criminal original petition is closed. Consequently, connected miscellaneous petition is also closed. 10.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 3/5

To 1.The Inspector of Police, Eriodu Police Station, Eriodu, Dindigul District.

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

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B.PUGALENDHI,J gns 10.07.2025 5/5