S.Sachin v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.10.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.25275 of 2015 and M.P.No.1 of 2015 S.Sachin ... Petitioner Vs
1. The Inspector of Police, T11 Thiruninravur Police Station, Thiruvallur District.
2. R.Marimuthu
...Respondents
Petition filed under Section 482 of Cr.P.C. praying for the following prayers:
(a) To stay all the further proceedings in FIR No.999/2015 on the file of the 1st respondent pending disposal of this petition;
(b) To call for the records in FIR No.999/2015 on the file of the 1st respondent and to quash the same. For Petitioner : Mr.S.Veeraraghavan For R-1 : Mr.C.Emalias, Additional Public Prosecutor
O R D E R
Heard the learned counsel for the petitioner.
2. It is seen that the defacto complainant's son, aged about 19 years, was being intimidated by a group of persons in connection with which, when the Defacto complainant found them, he brought his son back to his house and thereafter, another group of persons had gone to the house of the defacto complainant's brother and had threatened the inmates with deadly weapons.
3. The learned counsel for the petitioner submits that the First Information Report does not disclose the name of 20 persons and it is indeed very vague.
4. In case of this nature, it is not possible for the defacto complainant to name all the assailants in the complaint and only during the course of investigation, if one accused is arrested, he will spill the beans and through him, the police will go after the co-accused. The Honourable Supreme Court, in the case of State of Haryana v. Bhajan Lal, reported in 1992 Supp (1) SCC 335, laid down the parameters https://hcservices.ecourts.gov.in/hcservices/
for quashing FIR.
5. In the considered opinion of this Court, the fact obtaining in this case does not pass muster the law laid down in the aforesaid judgment. In the result, the investigation is at a very nascent stage and it is not a case fit to interfere. However, this Court directs the concerned Deputy Superintendent of Police to monitor the investigation in Cr.No.999 of 2015 pending on the file of the Inspector of Police, T11 Thiruninravur Police Station, Thiruvallur District.
6. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.
-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar ogy/nvi To 1.The Inspector of Police, T11 Thiruninravur Police Station, Thiruvallur District.
2.The Public Prosecutor, High Court, Madras.
+1 cc to Mr.S.Veeraaghavan,Advocate(sr.55267) Crl.O.P.No.25275 of 2015 rsk(co) cp 16/10/2015 https://hcservices.ecourts.gov.in/hcservices/