Sakthivel v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6909 of 2022 1.Sakthivel 2.Ilayaraja 3.Sangeetha 4.Monish Rep. by his Mother 5.Papathi ... Petitioners Vs.

1.The Inspector of Police, Veeranam Police Station Salem City.

2.Periyasamy @ Jeeva Periyasamy

...Respondents

PRAYER: The Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, praying to call for the records of the FIR in Crime No.390/2021 on the file of the respondent police and quash the same.

For Petitioners : Mr.J.Hema Kumar For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to call for the records of the FIR in Crime No.390/2021 on the file of the respondent police and quash the same.

2. The case of the prosecution is that the defacto complainant has demanded bagadi on illegal manner which was refused by the 3rd petitioner. Hence, he made a foul play by making a false complaint and thereby, a case has been registered against the petitioner.

3. Learned Additional Public Prosecutor would submit that the grounds raised by the petitioner are factual in nature and https://hcservices.ecourts.gov.in/hcservices/

investigation shall complete earlier.

4. At this juncture, learned counsel for the petitioner would submit that the 4th petitioner is a juvenile and it is totally a false case.

5. It is seen from the First Information Report that there are 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 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. 390 of 2021. Accordingly, this criminal original petition is dismissed. However, the respondent police is directed to look into the age of 4th petitioner and to complete the investigation and file final report before the concerned Court within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nr/nti To 1.The Inspector of Police, Veeranam Police Station Salem City.

2. The Public Prosecutor, High Court of Madras.

+1cc to M/s.S.Vinodha, Advocate, S.R.No.21119 Crl.O.P.No.6909 of 2022 GSM(CO) SB(20/04/2022) https://hcservices.ecourts.gov.in/hcservices/