S.Vijayakumar vs State Of Puducherry Rep.By
2023 Latest Caselaw 13658 Mad

                                                              1

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 09.10.2023

                                                          CORAM

                             THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                 Crl.O.P.SR.No.43707 of 2023
                                                             and
                                                  Crl.M.P.No.13950 of 2023

                     S.Vijayakumar                                                   ... Petitioner
                                                             Vs.

                     1.State of Puducherry rep.by
                     Inspector of Police,
                     All Women Police Station,
                     Puducherry.

                     2.S.Kavitha                                                   ... Respondents

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, pleased to call for the records connected with the First
                     Information Report registered in F.I.R.No.0001/2023 dated 08.02.2023
                     on the file of the 1st respondent police and quash the same.


                                        For Petitioner    : Mr.S.Illamvaludhi
                                        For R1            : Mr.K.S.Mohan Dass
                                                            Public Prosecutor (Puducherry)

                                                         ORDER

This Criminal Original Petition is filed to quash the First

Information Report.

https://www.mhc.tn.gov.in/judis

2. The Judgment of the Hon'ble Supreme Court rendered in

Neeharika Infrastructure Pvt.Ltd Vs. State of Maharashtra and

Others reported in 2021 SCC Online SC 315 clearly stated that, the

petition to quash the F.I.R cannot be entertained to drop the action and it

tantamounts to killing a still born baby.

3. As far as this case is concerned, the FIR registered against

the petitioner alleging cheating and having sexual intercourse promising

to marry.

4. The learned Public Prosecutor (Puducherry) appearing for

the 1st respondent submits that the DNA test is awaited and once the

report received, final report will be filed.

5. In view of the above fact, this Court finds no reason to

interfere in the investigation. Hence this Criminal Original Petition is

dismissed at the SR stage itself. Consequently, the connected Criminal

Miscellaneous Petition is also dismissed.

https://www.mhc.tn.gov.in/judis

6. The respondent police is directed to complete the

investigation and file a final report within a period of 30 days.

09.10.2023

Index : Yes/No Neutral Citation : Yes/No

rpl

To

1.The Inspector of Police, All Women Police Station, Puducherry.

2.The Public Prosecutor (Puducherry), High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis

Dr.G.JAYACHANDRAN,J.

rpl

Crl.O.P.SR.No.43707 of 2023 and Crl.M.P.No.13950 of 2023

09.10.2023

https://www.mhc.tn.gov.in/judis