The court disposed of the petition filed to quash an FIR by directing the police to complete the investigation within four weeks, granting opportunity to the petitioner.
Direction issued to the first respondent police to conduct and complete the investigation within a period of four weeks from the date of receipt of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.537 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.01.2024
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.(MD)No.537 of 2022 and Crl.M.P.(MD)No.409 of 2022
Chitravelu ... Petitioner
Vs.
1.The State Inspector of Police, Madukkur Police Station, Thanjavur. (Crime No.22 of 2021) 2.Mariyappan ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records from the first respondent police in Crime No.22 of 2021 and quash the same as devoid of merits against the petitioner.
For Petitioner : Mr.A.Haja Mohideen For R1 : Mr.B.Nambiselvan, Additional Public Prosecutor.
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For R2
: No Appearance
ORDER
This Criminal Original Petition has been filed to quash the first information report in Crime No.22 of 2021 on the file of the first respondent police as devoid of merits against the petitioner.
2.The case of the prosecution is that the second respondent/ defacto complainant had two sons and they were went to cut grasses for the sheep. At that time, one Vairavasuntharam informed the second respondent that his sons were electrocuted on touching the snapped electric wire from the electric pole and died on the spot. Prior to the occurrence, one Kodiarasu called the petitioner, who is working in Electricity Board, in order to inform him about the snapped wire and instructed him to switch off the power supply, however, he did not attend the call. Therefore, the said Kodiyarasu went to the house of the petitioner and requested him to switch off the power supply. However, he failed to switch off the power supply, due to which, the sons of the second respondent died. Hence, the case.
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3.The learned counsel appearing for the petitioner would submit
that without going into the merits of the case, this Court may issue a direction to the first respondent police to complete the investigation within a stipulated period by providing an opportunity to the petitioner in order to disprove the complaint preferred by the second respondent.
4.In view of the fair submission made by the learned counsel appearing for the petitioner, this Court is inclined to dispose the present petition by giving necessary direction to the first respondent police. Accordingly, the first respondent police is directed to conduct the investigation and complete the same within a period of four weeks from
the date of receipt of a copy of this order by providing necessary opportunity to both parties.
5.In the result, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.
22.01.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No gns 3/4
Crl.O.P.(MD)No.537 of 2022
M.DHANDAPANI ,J.
gns
To
Crl.O.P.(MD)No.537 of 2022
22.01.2024
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1 issue framed by the court
Whether the Criminal Original Petition seeking quashing of FIR should be disposed of by directing the police to complete investigation?
1 provisions across 1 enactments
Chitravelu
The State Inspector of Police, Madukkur Police Station, Thanjavur
Mariyappan
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
