S.Ganapathy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4114 of 2014 and M.P.No.1 of 2014

1. S.Ganapathy

2. K.Sumathi

3. S.Jayanthi

4. A.Avinasilingam

...Petitioners

Vs.

1. The Inspector of Police, Chithodu Police Station, Chithodu.

2. R.Assaikalai

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the proceedings in Crime No.24 of 2014 pending on the file of the respondent police and quash the same.

For Petitioners : M/s.T.Gowthaman For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor, for R1 No Appearance, for R2

ORDER

This petition is filed to call for the records pertaining to the proceedings in Crime No.24 of 2014 pending on the file of the respondent police and quash the same.

2. The learned Counsel appearing for the petitioners would submit that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. Without any base, the first respondent police have registered a case in Crime No.24 of 2014 for the offences under Sections 120 (b), 420, 506(i) IPC, as against the petitioners. Hence, he prayed to quash the same.

3. The learned Additional Public Prosecutor would submit https://hcservices.ecourts.gov.in/hcservices/

that the investigation is almost completed and the respondent police have only to file final report.

4.

Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the first respondent. 5.

It is seen from the First Information Report that there is a specific allegation as against the petitioners. Therefore, it has to be investigated. Further the FIR is not an encyclopedia and it need not contain all facts. Further, it cannot be quashed in threshold.

6. In view of the above discussion, this Court is not inclined to quash the FIR. Accordingly, the Criminal Original Petition is dismissed. However, considering the case is of the year 2014, the first respondent is directed to complete the investigation in Crime No.24 of 2014 and file a final report within a period of four weeks from the date of receipt of copy of this Order, before the jurisdiction Magistrate, if not already filed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar pvs To

1. The Inspector of Police, Chithodu Police Station, Chithodu.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.4114 of 2014 MP(CO) GN(21/03/2019) https://hcservices.ecourts.gov.in/hcservices/