Rajesh v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6261 of 2019 and Crl.M.P.No.3465 of 2019 Rajesh ... Petitioner Vs.

1.State Represented by its, The Inspector of Police, All Women Police Station, Arakkonam, Vellore District.

2.Pavithra ... Respondents Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for records pertaining to the records in F.I.R. in Crime No.14 of 2018 dated 14.12.2018 on the file of the first respondent police and quash the same. For Petitioner : Mr.D.Dayalan For Respondents: Mr.M.Mohamed Riyaz, for R1 Additional Public Prosecutor

O R D E R

The prayer sought for in the present original petition is to quash the F.I.R. in Crime No.14 of 2018 dated 14.12.2018 on the file of the first respondent police.

2.The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No.14 of 2018 for the offences under Sections 417, 376, 294(b), 506(i) of IPC, as against the petitioner. Hence he prayed to quash the same.

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3.The learned Additional Public Prosecutor would submit that the investigation is almost completed and the respondent police have only to file final report.

4.Heard Mr.D.Dayalan, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the first respondent. 5.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 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 step in to investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code. 6.In view of the above discussion, this Court is not inclined to quash the FIR. Therefore, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is also closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar AT To 1.The Inspector of Police, All Women Police Station, Arakkonam, Vellore District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6261 of 2019 and Crl.M.P.No.3465 of 2019 ssi[co] srg 09/04/2019 https://hcservices.ecourts.gov.in/hcservices/