S.Ragupathy v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.1856 of 2019 and Crl.M.P.No.1143 of 2019

1. S.Ragupathy

2. K.Sankaran

3. S.Varammal ... Petitioners Vs.

1. State by Inspector of Police, Arakkonam Taluk P.S.

Vellore District.

2. Thilagavathi ... Respondents Prayer:

Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the Crime No.287 of 2018 on the file of the first respondent police and quash the same as far as the petitioners are concerned.

For Petitioner :

Mr.L.Abrar Md Abdullah For Respondents For R1 :

Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed to quash the FIR registered in Crime No.287 of 2018 for the offences under Sections 294(b), 323, 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

It is seen from the FIR that the petitioners are arraigned as A1 to A3 and there are specific allegations as against them, which has to be investigated. Further the FIR is not an encyclopedia and it need not contain all facts. Further, it cannot be quashed in the threshold. This Court finds that the https://hcservices.ecourts.gov.in/hcservices/

FIR discloses prima facie commission of cognizable offence and as such this Court cannot interfere with the investigation. The investigating machinery has to step in to investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code.

Considering the facts and circumstances of the case, this Court is not inclined to quash the FIR, as there is no merits in this petition. However, considering the nature of allegations, the first respondent is directed to complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order. 5.

Accordingly, this Criminal Original Petition is dismissed with above directions. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar nsd/rts To

1. The Inspector of Police, Arakkonam Taluk P.S.

Vellore District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.1856 of 2019 and Crl.M.P.No.1143 of 2019 RSV(CO) NR/28/03/2019 https://hcservices.ecourts.gov.in/hcservices/