Sathyamoorthy v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.12.2024 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN --
1. Sathyamoorthy
2. S.Karthikeyan
3. Vijayakumar
4. Palanisamy
5. Kanakaraj .. Petitioners Vs.
State, rep. by Inspector of Police, Annur Police Station, Coimbatore District.
.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and to quash the First Information Report in Crime No.23 of 2022 on the file of Annur Police Station, Coimbatore District. For petitioners : Mr.M.Saravanakumar For respondent: Mr.S.Sugendran, Addl.P.P.
ORDER
This petition has been filed to call for the records and to quash the First Information Report in Crime No.23 of 2022 on the file of Annur Police Station, Coimbatore District.
2. The respondent-Police has produced a copy of the FIR in Crime No.23 1 / 4
of 2022, dated 10.01.2022, in respect of the offences under Sections 143, 341 and 269 IPC, and the charge-sheet has also been filed on 15.12.2024 before the Judicial Magistrate-I, Annur, Coimbatore District.
3. Learned counsel for the petitioner relied on a decision of the Supreme Court in the case of A.M.Mohan Vs. The State, represented by SHO and another (Criminal Appeal No... of 2024, arising out of SLP (Criminal) No.9598 of 2022, dated 20.03.2024) for the proposition that, even after registering the FIR or filing of the charge-sheet, the FIR can be quashed.
4. There is no quarrel over the said proposition of law. If there are no materials in the charge-sheet, the FIR can be quashed even after filing of the charge-sheet, whereas, if the charge-sheet reveals commission of the offence(s), the FIR cannot be quashed. Hence, the said decision of the Supreme Court relied on by the learned counsel for the petitioner, is not applicable to the facts of the present case on hand.
5. However, on a perusal of the FIR, in this case, it reveals that offence(s) are made out. Hence, this petition is dismissed. The petitioner is at liberty to work out his remedy in the manner known to law. 17.12.2024 cs 2 / 4
To
1. The Inspector of Police, Annur Police Station, Coimbatore District.
2. The Public Prosecutor, High Court, Madras. 3 / 4
P.VELMURUGAN, J cs 17.12.2024 4 / 4