Madras High CourtCRL OP(MD)/19213/2021disposed of

Mahesh v. The Superintendent Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.19213 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19213 of 2021 and CRL.M.P.(MD)No.10712 of 2021 Mahesh ... Petitioner / Petitioner (Sole Accused) Vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thanjavur Town Range, DSP Camp Office, East police station Road, Thanjavur.

3.The Inspector of Police, All Women police station, Thanjavur, Thanjavur District.

(FIR in Crime No.13 of 2021) ... Respondents 1 to 3 / Respondents 1 to 3(Complainant)

4. Ezhilvani ... 4th Respondent / 4th Respondent (Defacto Complainant) Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records and quash the impugned FIR in Crime No.13 of 2021 on the file of the third respondent police under Sections 3(a), 3(b) r/w.4(1), 9(1), 9(m), 9(n) r/w.10 of POCSO Act 2012 and 506(i) of I.P.C. dated 30.10.2021 registered on the complaint of the defacto complainant viz., the second respondent. For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

* * *

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.13 of 2021 registered on the file of the third respondent.

3. In view of the nature of offences and the nature of allegations, it is not possible for this Court to consider the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19213 of 2021 contentions of the petitioner's counsel. This is because that would necessarily involve embarking on a factual analysis and probe. However, taking into account the overall facts and circumstances of this case, the third respondent is directed to file final report on merits and in accordance with law within a period of six weeks from the date of receipt of this order. The third respondent / investigation officer will take note of the petitioner's contentions. The learned Additional Public Prosecutor is called upon to pass on the copy of the memorandum of grounds to the third respondent who will bear the same in mind while filing final report.

4. This criminal original petition is disposed of. Consequently, connected M.P. is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thanjavur Town Range, DSP Camp Office, East police station Road, Thanjavur. 3.The Inspector of Police, All Women police station, Thanjavur, Thanjavur District.

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

+1 CC to M/s.PM.VISHNUVARTHANAN, Advocate (SR-37513[F] dated 06/12/2021) Crl.O.P.(MD)No.19213 of 2021 06.12.2021 NSN(CO) GC(21.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2