M.Balaraman v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5213 of 2019 and M.P.No.3010 of 2019 1.M.Balaraman 2.K.Mathivanan ... Petitioners Vs.
1.State of Tamil Nadu, rep. By The Inspector of Police, B-1, Sivakanchi Police Station, Kancheepuram, Kancheepuram District.
2.R.Muthumani.
... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the F.I.R., in Crime No.502 of 2018, dated 07.10.2018 on the file of the Inspector of Police (Law and Order), B-1, Sivakanchi Police Station, Kancheepuram, Kancheepuram District and quash the same in respect of the petitioners 1 and 2/A1 and A2.
For Petitioner : Mr.B.Dayaalan For 1st Respondent :Mr.C.Raghavan Government Advocate (Crl.side)
O R D E R
This Criminal Original Petition has been filed to quash the F.I.R., in Crime No.502 of 2018, dated 07.10.2018, on the file of the first respondent Police.
2. The first petitioner has let out the northern portion of his property to one Mohan and the same was latter vacated in the year 2005 and remained vacant. The southern portion was let out to the 2nd respondent herein and he is running a clothing store in the name and style of 'Sri Mahalakshmi Banian Store'. Since the building is in a dilapidated condition, the 1st petitioner asked the 2nd respondent to vacate the premises for which the 2nd respondent/defacto complainant filed a suit in O.S.No.186 of 1998 before the learned Additional District Munsif Court, Kancheepuram and obtained a decree in his favour by an order dated 15.06.1999. The 1st petitioner has also filed R.C.O.P.No.11 of 2016 as against the 2nd respondent/defacto complainant for arrears of rent, for demolition and reconstruction of the southern portion of shop premises.
Pending RCOP, the 1st petitioner sold the entire property to the second petitioner, pursuant to which the second petitioner attempted to demolish the northern portion.
process was stopped. But, the 2nd respondent had filed a petition in M.P.No.22 of 2018 in RCOP.No.11 of 2016 before the Rent Controller, Kancheepuram, stating that during night hours, when his shop was locked up, the 2nd petitioner under the pretext of demolishing the above shop, have demolished the entire northern side of the wall of the southern portion of the shop premises and that he has stored goods worth of Rs.10 Lakhs. While the RCOP is pending, the 2nd respondent lodged a complaint before the 1st respondent police stating that after he locked his shop, the 2nd respondent had demolished his shop using JCP also and also damaged the goods stored in the shop worth about Rs.15 lakhs. Based on the complaint, the 1st respondent registered a case in Crime No.502 of 2018 against the petitioner for the offence under Sections 147, 294(b), 506(ii) of IPC and 3(1) TNPPDL Act and filed a final report before the learned Judicial Magistrate No.1, Kancheepuram.
3.The learned counsel for the petitioners submitted that the 2nd petitioner has not even touched the defacto complainant's portion of the shop and only the northern portion of the premises was demolished. He further submitted that the defacto complainant is having the shop and also running the business daily without any hindrance by the petitioners herein. He has given a false complaint against the petitioners and hence, prays to quash the F.I.R.
4.The leaned Government Advocate (Crl.side) submitted that investigation is pending.
5.Heard both sides.
6.It is seen from the First Information Report that there is a specific allegation as against the petitioner, which has to be investigated. Further the FIR is not an encyclopaedia 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 agency has to step in to investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code.
7.Accordingly, this petition is dismissed. However, the 1st respondent is directed to complete the investigation in Crime No.502 of 2018 and file a final report within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed. 27.02.2019 Internet: Yes.
Index:Yes/No rm
To 1.The Inspector of Police, B-1, Sivakanchi Police Station, Kancheepuram, Kancheepuram District.
2.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN,J., rm Crl.O.P.No.5213 of 2019 and M.P.No.3010 of 2019 27.02.2019