Madras High CourtCRL OP(MD)/20664/2021dismissed

Saravanakumar v. The Inspector Of Police

2021-12-23Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20664 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20664 of 2021 and Crl.M.P.(MD)No.11769 of 2021 1.Saravanakumar 2.Rani ... Petitioners / Accused Nos.1 & 2 Vs 1.The State rep. by The Inspector of Police, AWPS Thilagar Thidal Police Station, Madurai District.

(Crime No.18/2021) ... 1st Respondent/Complainant 2.xxxx ... 2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records relating to the impugned FIR in Crime No.18 of 2021 pending on the file of the first respondent police and quash the same.

For Petitioner : Mr.T.Palanisamy For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for quashing the FIR in Crime No.18 of 2021 registered on the file of the first respondent.

2. The primary allegations are only against the first petitioner. The second petitioner is the mother of the first petitioner. The petitioner's counsel has enclosed a bunch of photographs in the typed set of papers indicating that the defacto complainant was apparently in some kind of relationship with another person.

3. Though the contentions advanced by the petitioner's counsel are persuasive, consideration of the said contention would necessarily involve undertaking a factual probe and analysis. Under Section 482 of Cr.P.C., I cannot do so. Leaving open the petitioner's defences and contentions, this Criminal Original https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20664 of 2021 Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2022 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, AWPS Thilagar Thidal Police Station, Madurai District..

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

Crl.O.P(MD)No.20664 of 2021 23.12.2021 MGJ(10.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2