Amudha @ Manimegalai v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.8298 of 2022 and Crl.MP.No.4845 of 2022 1.Amudha @ Manimegalai 2.S.Arumugam 3.A.Muthu ... Petitioners Vs.

1.State by Inspector of Police, Otteri Police Station, Chennai (crime No.269 of 2022) 2.Kavitha

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and quash the FIR registered by the first respondent police pending investigation in crime No.269 of 2022 dated 12.03.2022.

For Petitioners : Mr.M.R.Sheik Abdul Rahim For Respondents For R1 : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

This petition has been filed to quash the FIR in Crime No.269 of 2022 on the file of the first respondent police as against the petitioners.

2. The learned Counsel appearing for the petitioners would submit that the defacto complainant has not given any proof to show that such huge amount of Rs.12,00,000/- was paid to the petitioners thereby he would seek to quash the

proceedings.

3.The learned Additional Public Prosecutor would submit that he petitioners have conducted a private chit and they have collected the amount of Rs.12,00,000/- from the defacto complainant. He would further submit that the investigation is in the initial stage and hence, he prayed for dismissal of this petition.

4. Perused the materials available on record.

5. The defacto complainant has given complaint stating that the petitioners by conducting private chit, cheated her to the tune of Rs.12,00,000/- and further the defacto complainant has also stated that they have got video proof to show that the petitioners have collected the amount.

6. 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.

7. In view of the above, this Court is not inclined to quash the FIR in Crime No.269 of 2022. However, the first respondent police is directed to complete the investigation and file final report before the concerned Court within a period of four months from the date of receipt of a copy of this order.

8. With the above direction, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Lok

To 1.The Inspector of Police, Otteri Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

Crl.OP.No.8298 of 2022 SKM(CO) GN(10/06/2022)