Madras High CourtWP(MD)/20510/2014closed

G.Mohan v. The Sueperintendent Of Police

2023-03-10Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.20510/2014 & MP(MD)Nos.2 & 3/2014 1.G.Mohan 2.V.Karthikayini 3.V.Bharathi

...Petitioners

Vs 1.The Superintendent of Police, Madurai District, Surveyor Colony, Madurai - 7 2.The Inspector of Police, W1 Thirunagar Police Station, Poonga Street, Thirunagar, Madurai - 6.

3.The Sub Inspector of Police, W1 Thirunagar Police Station, Poonga Street, Thirunagar, Madurai - 6 4.V.Shanthini

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the criminal case registered in Crime No.801/2014 dated 06.12.2014 on the file of the Thirunagar Police Station, Madurai and quash the same on the grounds of arbitrary exercise of power, illegal and 1/4

without jurisdiction and consequently direct the first respondent to issue appropriate orders to safeguard the interest of the petitioners. For Petitioners :

Mr.R.Aravindan For Respondents :

Mr.P.Kottai Chamy, Government Advocate for R1 to R3 No appearance for R4

O R D E R

This writ petition is filed to quash the criminal case registered in Crime No.801/2014 on 06.12.2014 on the file of the Thirunagar Police Station, Madurai.

2. The petitioners instead of invoking criminal jurisdiction for quashing the FIR, have preferred this writ petition under Article 226 of the Constitution of India.

3. The learned counsel for the petitioners submits that the respondents 2 and 3 have falsely registered the criminal case in Crime No.801/2014 against the petitioners with the connivance of the 4th respondent.

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4. The learned Government Advocate has produced the order of the Judicial Magistrate, Additional Mahila Court, Madurai in LF.No. 152/2018 dated 10.02.2018 before this Court, wherein, it is observed that the FIR registered in Crime No.801/2014 for the alleged offences under Sections 294(b) and 506(1) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act is closed under Section 468 of the code of Criminal Procedure since the Inspector of Police, W1 Thirunagar Police Station has not filed the final report or charge sheet within the stipulated time.

5. Recording the same, this writ petition is closed. Since, the petitioners have made allegations about the manner in which the FIR was registered, it is always open to them to file a suit for recovery of damages, if any, before the appropriate Court. No costs. Consequently, the connected Miscellaneous Petitions are closed. 10.03.2023 NCC: Yes / No Index :Yes / No Speaking Order : Yes / No mbi 3/4

B.PUGALENDHI, J.

mbi To 1.The Superintendent of Police, Madurai District, Surveyor Colony, Madurai - 7 2.The Inspector of Police, W1 Thirunagar Police Station, Poonga Street, Thirunagar, Madurai - 6.

3.The Sub Inspector of Police, W1 Thirunagar Police Station, Poonga Street, Thirunagar, Madurai - 6 10.03.2023 4/4