Madras High Court
M.K.Uma Devi vs State on 16 November, 2015
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.11.2015 CORAM THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26710 of 2015 and M.P.No.1 of 2015 M.K.Uma Devi ... Petitioner Vs 1.State, rep. by its The Inspector of Police, G.7, Acharapakkam Police Station, Kancheepuram District. 2.Dr.D.Kathirvel ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the records in FIR in Crime No.570 of 2014 on the file of the first respondent and quash the same. For Petitioner : Mr.K.Kumaresan For Respondents : Mr.C.Emalias, Addl. Public Prosecutor, for R.1 ORDER
The present criminal original petition has been filed to call for the records pertaining to the records in FIR in Crime No.570 of 2014 on the file of the first respondent and quash the same.
2. The petitioner has been arrayed as A.2. It is the case of prosecution that the petitioner is a Nurse working in Primary Health Centre, Acharapakkam at Kancheepuram District. When the Directorate of Public Health and Preventive Investigation team has investigated the petitioner's office, it came to know that unaccounted amount of Rs.20,64,618/- is being credited in the name of one S.Pandian (A.1), who is the office Superintendent during the period from 1.4.2012 to 31.7.2014. Similarly, the petitioner, who is Village Health Nurse working in Baburayanpettai, opened an account in Indian Overseas Bank at Maduranthagam Branch in fake names. Hence, a case was registered in Crime No.570 of 2014 on the file of the first respondent police for the offence punishable under Sections 405, 409, 419, 468 and 420 I.P.C.
3. Learned counsel appearing for the petitioner submitted that even prior to the registering of the First Information Report, the petitioner has settled a sum of Rs.1,56,000/- on 15.12.2014 and a sum of Rs.80,000/- and Rs.60,000/- on 10.10.2014. Thus, he sought for quashing the proceedings in Crime No.570 of 2014 pending on the file of the first respondent.
4. However, I am of the considered opinion that the scope of Section 482 Cr.P.C. to quash the first information report is very limited, since the investigation is not yet completed. Hence, I am of the opinion that the present OP is a pre-mature one. However, the petitioner is at liberty to approach this Court after filing final report by the respondent police.
5. In fine, the criminal original petition is dismissed. However, the petitioner is at liberty to work out her remedy after filing of the final report. The first respondent is directed to complete the investigation and file a final report as expeditiously as possible. Consequently, connected miscellaneous petition is closed.
16.11.2015 Index:Yes/No sbi To
1.The Inspector of Police, G.7, Acharapakkam Police Station, Kancheepuram District.
2.The Public Prosecutor, High Court, Madras.
R.SUBBIAH, J sbi Crl.O.P.No.26710 of 2015 DATED: 16.11.2015