Arivalagan v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.1803 of 2019 and Crl.M.P.Nos.1099 and 1100 of 2019 Arivalagan

...Petitioner

Vs.

State Rep by its The Sub Inspector of Police, Nagapattinam Town Police Station, Nagapattinam.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in S.T.C.No.555 of 2018 pending on the file of Judicial Magistrate Court No.I, Nagapattinam and quash the same as illegal and without jurisdiction. For Petitioners : M/S.I.Abdul Basith For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceeding in S.T.C.No.555 of 2018 pending on the file of Judicial Magistrate Court No.I, Nagapattinam.

2. The learned counsel for the petitioner apart from raising several other grounds also raised the ground that the complainant and the investigating officer in this case is the same police officer. Therefore, the entire investigation itself is vitiated. In order to substantiate the said submission, the learned counsel for the petitioner relied upon a judgment of the Hon'ble Supreme Court of India in Mohanlal Vs.State of Punjab reported in 2018 SCC online SC, 974.

3. It is seen from records that the same police officer, who has registered the FIR has also conducted the investigation. This has virtually vitiated the entire investigation. The Hon'ble Supreme Court of India in the judgment referred supra https://hcservices.ecourts.gov.in/hcservices/

has categorically held that the informant and the investigator cannot be the same person. The facts of the case is squarely covered by the judgment of the Hon'ble Supreme Court.

4. In the result, the proceedings in S.T.C.No.555 of 2018, pending on the file of Judicial Magistrate Court No.I, Nagapattinam, is hereby quashed. Accordingly, this Criminal Original Petition is allowed.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar ub/gsp To 1.The Sub Inspector of Police, Nagapattinam Town Police Station, Nagapattinam.

2.The Public Prosecutor High Court of Madras.

Crl.O.P.No.1803 of 2019 and Crl.M.P.Nos.1099 and 1100 of 2019 GMY(07/02/2019) https://hcservices.ecourts.gov.in/hcservices/