Madras High CourtCRL OP/30596/2024disposed of

P.Jothi Basu v. The Inspector Of Police,

2024-12-09Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and Crl.M.P.No.17397 of 2024 P.Jothi Basu ... Petitioner Vs.

1. The Inspector of Police, Kovilpalayam Police Station, Coimbatore District.

2. S.Somasundaram ... Respondents PRAYER:

Criminal Original Petition filed under Section 528 of BNSS, to call for the records in Crime No.175 of 2024 pending on the file of the first respondent Police and quash the same.

For Petitioner : Mr.A.M.O.Gurunarayana Rao For R1 : Mr.S.Sugendran Additional Government Pleader

O R D E R

This Criminal Original Petition has been filed to call for the records in Crime No.175 of 2024 pending on the file of the first respondent Police and quash the same.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the first respondent/Police and perused the materials available on record.

3. Learned Counsel for the petitioner submitted that the petitioner has been arrayed as A4 in Crime No.175 of 2024 on the file of the first respondent/Police. It is his specific contention that the petitioner was not in the scene of occurrence and he has been falsely implicated in this case. Hence, he prayed to quash the case in Crime No.175 of 2024 as against the petitioner, pending on the file of the first respondent Police.

4. Learned Additional Public Prosecutor appearing for the first

respondent/Police submitted that investigation has been completed and the charge sheet is being made ready to file before the newly constituted jurisdictional magistrate Court.

5. F.I.R is not an encyclopaedia and it is only an information to set the law into motion. The investigation only reveals the commission of offence. Since the investigation has been completed and the charge sheet is being made ready, the first respondent Police is directed to file the charge sheet before the jurisdictional magistrate immediately.

6. In view of the same, The Criminal Original Petition is disposed of. Consequently connected miscellaneous petition is closed. After filing of charge sheet, the petitioner is at liberty to work out his remedy in the manner known to law.

09.12.2024 mfa Index:Yes/No Speaking Order: Yes/No

To The Inspector of Police, Kovilpalayam Police Station, Coimbatore District.

P.VELMURUGAN, J.

mfa and Crl.M.P.No.17397 of 2024 09.12.2024