S.Vignesh Kumar Alias Dilton v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3485 OF 2022 S.Vignesh Kumar alias Dilton ... Petitioner/Accused .Vs.

1. The State represented by, The Inspector of Police, S-6, Sankar Nagar Police Station, Kanchipuram District.

2. V.Venkatakrishnan ... Respondents/Complainant PRAYER:- This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the entire records of FIR No.2362 of 2015 dated 16.08.2015 on the file of the first respondent and quash the same against the petitioner (arrayed as A-6 in the FIR).

For Petitioner :

Mr.N.Srinivas Jayaprakash For R1 :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to quash the FIR in FIR No.2362 of 2015 dated 16.08.2015 on the file of the first respondent.

2. Learned counsel appearing for the petitioner would submit that the petitioner is no way connected to the incident occurred on 15.08.2015 and without any base, the petitioner stands accused of committed offences punishable under Sections 147,

148, 323, 324 and 506(2) IPC on the basis of the complaint lodged by the second respondent/complainant.

3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that the investigation in Crime No. 2362 of 2015 dated 16.08.2015 has been completed and a final report has been filed on the file of the Judicial Magistrate II, Tambaram.

4. Heard the learned counsel and perused the materials available on record.

5. It is seen from the First Information Report that there are specific allegation as against the petitioner, which has to be investigated. Further the FIR is not an encyclopedia and it need not contain all facts. Therefore, it cannot be quashed on the threshold. This Court finds that the FIR discloses prima facie commission of cognizable offence and as such, this Court cannot interfere with the investigation. The investigating machinery has to investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code.

6. In view of the above, this Court is not inclined to quash the FIR in Crime No.2362 of 2015. Accordingly, this criminal original petition stands dismissed. Further, the first respondent is directed to complete the investigation in Crime No.2362 of 2015 as expeditiously as possible and file the final report, preferably within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rgi/ham To 1.

The Inspector of Police, S-6, Sankar Nagar Police Station, Kanchipuram District.

2.

The Public Prosecutor, High Court of Madras.

Copy To:- 1.

The Judicial Magistrate-II, Tambaram.

2.

The Registrar-Judicial, High Court, Madras - 104.

+1cc to Mr.N.Srinivas Jayaprakash, Advocate, S.R.No.10331 CRL.O.P.NO.3485 OF 2022 NRJK(CO) PBS/21/02/2022