K.Deivasigamani v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4827 of 2022 and Crl.M.P. No.2535 of 2022 K.Deivasigamani ... Petitioner Vs.

1. State Represented by The Inspector of Police, T-14, Mangadu Police Station.

2. Pradeepa ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to quash the First Information Report registered by the 1st respondent police in T-14, Mangadu P.S. Crime No.1401 of 2018.

For Petitioner : Mr.S.M.Muralidharan For Respondents: Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 R2 - No Appearance

ORDER

This petition has been filed to quash the FIR in Crime No.1401 of 2018 on the file of the first respondent police as against the petitioner.

2. The learned counsel for the petitioner would submit that the petitioner is a nonagenarian and he has been falsely implicated in this case. The wife of the deceased has made allegations only as against first and second accused in this case. Hence he prayed to quash the FIR.

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3. Per contra, Mr.A.Gokulakrishnan, learned Additional Public Prosecutor appearing for the first respondent Police would submit that the deceased has left suicide note, in which, she indicted the petitioner and three other accused. He would also submit that investigation is in the initial stage and the same cannot be interdicted at the very initial stage.

4. Perused the materials available on record.

5. It is stated that the deceased has left a suicide note and that there are specific allegation as against the petitioner and three others, 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 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.1401 of 2018. Accordingly, this criminal original petition is dismissed. Consequently, the connected Criminal Miscellaneous Petition is also closed. Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar ab/srn To

1. The Inspector of Police, T-14, Mangadu Police Station, Chennai.

2.The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.M.Muralidharan, Advocate SR.No.14948 Crl.O.P.No.4827 of 2022 and Crl.M.P. No.2535 of 2022 SV(CO) CB(21/03/2022) https://hcservices.ecourts.gov.in/hcservices/