Madras High CourtCRL OP(MD)/18519/2021dismissed

Joseph Manohar Soundarraj v. The Inspector Of Police

2021-11-25Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18519 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18519 of 2021 and Crl.M.P.(MD)No.10214 of 2021 Joseph Manohar Soundarraj ... Petitioner / A3 Vs 1.The Sate Rep. by The Inspector of Police, Central Police Station, Thoothukudi, Thoothukudi District.

(Crime No.182 of 2021) ... Respondent / complainant 2.Kalpana ... Respondents / Defacto complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the entire records pertaining to the case in Crime No.182 of 2021 pending on the file of the Inspector of Police, Central Police Station, Thoothukudi, Thoothukudi District and quash the same as against the petitioner.

For Petitioner : Mr.R.Anand For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.182 of 2021 registered on the file of the first respondent under Section 174 of Cr.P.C.

2. One Renganathan committed suicide on 16.07.2021. His wife Kalpana lodged a complaint leading to registration of the case. The deceased had left a suicide note. In the suicide note, he had stated that he had borrowed loan from the three persons and that those creditors had been collecting exorbitant interest from him. The petitioner's name has been mentioned along with his cell number. The deceased had also written an independent letter to the Superintendent of Police.

3. In these circumstances, it not possible for this Court to quash the FIR at the instance of the petitioner. Investigation is still at the early stage. The Hon'ble Supreme Court has time and again held that investigation cannot be scuttled at the initial stage.

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Crl.O.P(MD)No.18519 of 2021

4. Leaving open the petitioner's defences and contentions, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector of Police, Central Police Station, Thoothukudi, Thoothukudi District.

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

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