T.S.Raja v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5780 of 2022 and Crl.M.P.Nos.3179 & 3180 of 2022 T.S.Raja

...Petitioner

Vs.

State rep by The Inspector of Police, P-2, Otteri Police Station.

Pulianthope, Chennai.

...Respondent

PRAYER: The Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records in Crime No.119 of 2019 on the file of the respondent police and quash the same.

For Petitioner :

No Appearance For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed seeking for a direction to call for the records in Crime No.119 of 2019 on the file of the respondent police and quash the same.

2. The learned counsel for the petitioner would submit that there are previous enmity between the petitioner and the defacto complainant. The motive put forth by the prosecution is a flimsy reason to register the case against the petitioner herein. Thereby, he would seek to quash the proceedings.

3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that it is the case where, the petitioner who is an advocate had assaulted his clients for not paying fees. He would further submit that the grounds are factual in nature.

4. 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 https://hcservices.ecourts.gov.in/hcservices/

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

5. In view of the above, this Criminal Original Petition stands dismissed with the direction to the respondent police to complete the investigation and file the final report before the Jurisdictional Court, concerned, within a period of six months from the date of receipt of a copy of this order. Consequently, connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar shk/sai To 1.The Inspector of Police, P-2, Otteri Police Station.

Pulianthope, Chennai.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.5780 of 2022 and Crl.M.P.Nos.3179 & 3180 of 2022 MT (CO) PR (31/03/2022) https://hcservices.ecourts.gov.in/hcservices/