SAM ASIR AYYAVOO Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the final report filed by the first respondent/Police which has been taken on file by the Court below in C.C.No.145 of 2011. The Court below has taken cognizance of the final report for the offence under Sections 294(B), 504, 506(ii) and 509 of IPC.

(2.) The case of the prosecution is that the husband of the second respondent/De-facto complainant and the first Petitioner(A1) are known to each other and both of them had jointly done some business. There was some misunderstanding between the parties and the first Petitioner is said to have demanded some money which is due and payable to him in the business. After sometime, it is alleged that the accused persons had threatened the de-facto complainant and her husband. The further allegation that has been made is that the accused persons started making phone calls from 22.9.2009 onwards and were using abusive language and were threatening the de-facto complainant. Therefore, a complaint came to be given to the first respondent/ Police on 7.3.2010 and an FIR was registered in Crime No.334 of 2010.

(3.) The first respondent/Police, in the course of investigation, recorded the statements of the de-facto complainant, her husband and five other witnesses.