Madras High CourtCRL OP/5374/2019disposed of

Selvaraj v. State Rep. By

2019-02-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.02.2019 Coram THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5374 of 2019 and Crl.M.P.No.3087 of 2019

1. Selvaraj

2. Rajammal

3. Subhathtra Devi

4. L.V.Vinay

5. L.V.Umadevi

6. A.Mohan ... Petitioners/Accused 2 to 6 Vs.

1. State rep. by Inspector of Police, W-35, All Women Police Station Thambaram, West Thambaram, Chennai - 600 045.

(Crime No.17/2018) ... Respondent / Complainant

2. Divya Venkatesh Babu ... Respondent / Defacto Complainant Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR No.17 of 2018 pending on the file of the W-35, All Women Police Station, Thambaram and quash the same. For Petitioners : Mr.P.Palaninathan For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the complaint in F.I.R No.17 of 2018 pending on the file of the W-35, All Women Police Station, Tambaram.

2. It is seen from the First Information Report that there is a specific allegation as against the petitioners, 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 https://hcservices.ecourts.gov.in/hcservices/

the 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.

3. In view of the above, this Court is not inclined to quash the FIR pending on the file of the W-35, All Women Police Station, Tambaram, against the petitioners.

4. Accordingly, this Criminal Original Petition is disposed of and the first respondent is directed to complete the investigation and file a final report in Crime No.17 of 2018 within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/-- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar raja To

1. The Inspector of Police, W-35, All Women Police Station Tambaram, West Tambaram, Chennai - 600 045.

(Crime No.17/2018)

2. The Public Prosecutor High Court, Madras, Crl.O.P.No.5374 of 2019 and Crl.M.P.No.3087 of 2019 A.SK(29/03/2019) https://hcservices.ecourts.gov.in/hcservices/