M.Shajahan Gani v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.29780 of 2019 and Crl.M.P.No.16090 of 2019
1. M.Shajahan Gani, S/o.Late S.Mohamed Ismail, No.3, 12th Floor, C-Block, "TAISHA" Apartment, Natesan Nagar-West, Virugambakkam, Chennai - 600 092.
2. H.A.Mohamed Fayas, S/o.S.A.H.Abdul Rahim, No.14/1, Portugesh Church, 9th Lane, Goerge Town, Chennai - 600 001.
3. A.Syed Ahmed, S/o.Abdul Rehman, No.48/1, Kandhappachetty Street, George Town, Chennai - 600 001.
... Petitioners Vs.
1. The State Represented by the Inspector of Police, R-5 Virugambakkam Police Station, Virugambakkam, Chennai - 600 026.
2. Mr.Mohammed Ameen, S/o.Noor Mohammed, Director M/s.RIA Digital Solutions Private Limited, No.138/2, Kumaran Colony, 4th Street, Vadapalani, Chennai - 600 026.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records in pursuance of the FIR in Crime No.376 of 2018 dated 21.06.2018 on the file of the first respondent police and quash the same.
For Petitioners : Mr.M.Murali Kumaran for M/S.MCGAN Law Firm For Respondents For R1 : Mr.S.Karthikeyan Additional Public Prosecutor For R2 : No appearance
ORDER
This petition has been filed to quash the F.I.R. in Crime No.376 of 2018 registered by the first respondent police for offences under Sections 406 and 420 of IPC, as against the petitioners.
2. The learned Counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No.376 of 2018 for the offences under Sections 406 and 420 of IPC, as against the petitioners. Hence he prayed to quash the same.
3. The learned Additional Public Prosecutor would submit that the investigation is almost completed and charge sheet is ready and awaiting for learned Additional Public Prosecutor opinion.
4. Heard Mr.M.Murali Kumaran, learned counsel appearing for the petitioners and Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the first respondent.
5. It is seen from the First Information Report that there are specific allegations as against the petitioners to attract the offences, which has to be investigated in depth. 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. The investigating machinery has to step in to investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code.
6. It is relevant to rely upon the judgment of the Hon'ble Supreme Court of India passed in Crl.A.No.255 of 2019 dated 12.02.2019 in the case of Sau. Kamal Shivaji Pokarnekar vs. the State of Maharashtra & ors., as follows:- "4. The only point that arises for our consideration in this case is whether the High Court was right in setting aside the order by which process was issued. It is settled law that the Magistrate, at the stage of taking
cognizance and summoning, is required to apply his judicial mind only with a view to taking cognizance of the offence, or in other words, to find out whether a prima facie case has been made out for summoning the accused persons. The learned Magistrate is not required to evaluate the merits of the material or evidence in support of the complaint, because the Magistrate must not undertake the exercise to find out whether the materials would lead to a conviction or not.
5.
Quashing the criminal proceedings is called for only in a case where the complaint does not disclose any offence, or is frivolous, vexatious, or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same. It is not necessary that a meticulous analysis of the case should be done before the Trial to find out whether the case would end in conviction or acquittal. If it appears on a reading of the complaint and consideration of the allegations therein, in the light of the statement made on oath that the ingredients of the offence are disclosed, there would be no justification for the High Court to interfere.
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9. Having heard the learned Senior Counsel and examined the material on record, we are of the considered view that the High Court ought not to have set aside the order passed by the Trial Court issuing summons to the Respondents. A perusal of the complaint discloses that prima facie, offences that are alleged against the Respondents.
The correctness or otherwise of the said allegations has to be decided only in the Trial. At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused. Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of
the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted."
7. In view of the above discussion, this Court is not inclined to quash the First Information Report. Accordingly, this Criminal Original Petition stands dismissed. However, considering the crime is of the year 2018, the first respondent is directed to complete the investigation in Crime No.376 of 2018 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(CIO MDU) //True copy// Sub Assistant Registrar arb To
1. The Inspector of Police, R-5 Virugambakkam Police Station, Virugambakkam, Chennai - 600 026.
2. The Public Prosecutor, High Court, Madras.
CRL.O.P.No.29780 of 2019 and Crl.M.P.No.16090 of 2019 GJ(CO) GMY(10/09/2020)