High CourtsSingle Bench(2023) 08 MAD CK 0160

Boominathan vs State And Others

Madras High Court · Decided on 31 August 2023

HON’BLE JUDGES
Dr D.Nagarjun, J
CASE NUMBER
Criminal Original Petition (MD) No. 15244 Of 2023

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Judgment

7 paragraphs · 237 words

Dr.D. Nagarjun, J

1.

This petition is filed seeking for the quashment of the FIR in Crime No.256 of 2022 pending on the file of the first respondent Police.

2.

Based on the complaint given by the wife of the petitioner, the first respondent Police registered a case in Crime No.256 of 2022 for the offences punishable under Sections 294(b) and 506(i) IPC.

3.

According to the counsel for the petitioner, even if the contents in the First Information Report accepted to be correct, the allegations levelled against the petitioner that the petitioner has abused the father of the defacto complainant and also criminally intimidated him, have no basis. It is submitted that abusing through mobile phones does not constitute offence under Section 294(b) IPC and that if at all the father of the defacto complainant is aggrieved, father of the petitioner should have made a complaint immediately after the incident, but, the complaint has been given by the daughter of the victim after four months of alleged incident and that no explanation is offered as to why the complaint is filed with a delay.

4.

Mr.E. Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the 1st respondent.

5.

Notice to the 2nd respondent through Court as well as privately returnable in four weeks.

6.

In the meanwhile, the first respondent Police is directed to continue the investigation and not to file the charge sheet.