D.Elezebeth v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12696 of 2025 and Crl.M.P.(MD)No.9936 of 2025 D.Elezebeth ... Petitioner versus

1. State rep. by The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

2. Saravanan

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to the petition in Crime No.254 of 2023 on the file of the Thiruthangal Police Station and quash the same as illegal against the petitioner/accused No.4.

For Petitioner : Mr.R.Raghaev For R1 : Mr.P.Kottaichamy, Additional Public Prosecutor

ORDER

The petitioner is the 4th accused in Crime No.254 of 2023 on the file of the respondent Police which was registered for the offence under 1/4

Sections 120B, 420, 465, 468 and 471 IPC. She has moved this petition to quash the FIR in Crime No.254 of 2023 registered against her.

2. The learned counsel appearing for the petitioner submits that the petitioner is a Licensed Document Writer. In view of the civil dispute pending between other accused and the defacto complainant, this case has been foisted as against the petitioner and the petitioner has also been added as an accused. He further that there is no material against the petitioner and there is no intention for the petitioner to commit an offence.

3. The learned Government Advocate (Crl. Side) submits that the investigation is at the initial stage. He further submits that two documents were created by the petitioner and intentionally, she fixed the boundaries wrongly.

4. This Court considered the rival submissions made.

5. In this case, the investigation is at the initial stage. The grounds raised by the petitioner in this petition can be appreciated during the course of investigation. Therefore, this Court is not inclined to quash the FIR in 2/4

Crime No.254 of 2023.

6. The investigation is a process to find out the truth. The investigation officer is not expected to conduct the investigation in a mechanical manner based on the complaint and witnesses placed by the complainant. The investigating agency shall also consider the grounds raised by the petitioner in this petition during the course of investigation and find out the truth. In the event, if the final report is filed, it is open to the petitioner to challenge the same in the manner known to law.

7. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 29.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes ogy To

1. The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

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B.PUGALENDHI, J.

ogy

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

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