Balkis Begum@Balkis v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2021

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN CRL.O.P.No.12507 of 2021 1.Balkis Begum @ Balkis 2.B.Shahul Hameed @ Shahul 3.Abdul Razak ... Petitioner/Accused 1 to 3

Versus

1.State by.

The Inspector of Police, Icehouse Police Station, Chennai, Crime No.328 of 2021.

...1st Respondent/Complainant 2.Munavar Basha ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the F.I.R in Crime No.328 of 2021 dated 19.06.2021 on the file of the first respondent quash the same.

For Petitioners :

Mr.P.Thinesh For Respondents :

Mr.A.Damodaran Government Advocate (Crl.Side) for R1

O R D E R

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.328 of 2021 dated 19.06.2021 on the file of the first respondent.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the first respondent. 3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Only based on the complaint given by the de facto complainant, without conducting any proper enquiry, the respondent police registered a case in Crime No.328 of 2021 for the offence under Sections 341, 294(b), https://hcservices.ecourts.gov.in/hcservices/

324 and 506(ii) IPC as against the petitioner. Hence he prayed to quash the same.

4.The learned Government Advocate (Crl.Side) for the 1st respondent would submit that investigation has not yet been completed and final report has also not been filed. 5.It is seen from the F.I.R that there are prima facie allegations as against the petitioners to attract the offences. Further the FIR is not an encyclopedia and it need not contain all facts and 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.

6.In view of the above, this Court is not inclined to quash the First Information Report. Accordingly, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ms To 1.The Inspector of Police, Icehouse Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.12507 of 2021 GPL(CO) CB(11/08/2021) https://hcservices.ecourts.gov.in/hcservices/