Madras High CourtCRL OP/30060/2018allowed

Palanisamy v. The State Rep. By

2019-01-24Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.30060 of 2018 and Crl.M.P.Nos.17671 & 17672 of 2018 1.Palanisamy 2.Kathar ... Petitioners Vs.

1.The State Rep. by The Inspector of Police, Ulundurpet Police Station, Ulundurpet, Villupuram District.

2. A.Shahul Hameed ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in the FIR. No.1079 of 2018, pending before the 1st Respondent.

For Petitioners : Mr.T.K.Saravanan For R1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.1079 of 2018, registered by the respondent police for the offences under Section 379 IPC and 21

(1) of the Mines and Minerals (Development & Regulation) Act, 1957.

2. It is seen from the records that the Inspector of Police of the first respondent police station has registered an FIR and he has investigated the case and as also filed a final report before the Judicial Magistrate No.I, Ulundurpet on 19.11.2018. This procedure followed by the Investigating Officer, vitiates the entire investigation https://hcservices.ecourts.gov.in/hcservices/

3.The facts of this case is squarely covers with the judgment of the Hon'ble Supreme Court reported in 2018 SCC Online SC 974 [Mohanlal Versus State of Punjab]. The Hon'ble Supreme Court held that the informant and the investigator should not be the same person and if it is the same person, the entire investigation is vitiated.

4.In the result, the FIR in Crime No.1079 of 2018, on the file of the first respondent is hereby quashed. Accordingly, this Criminal Original Petition is allowed. There shall be a direction to the learned Judicial Magistrate No.I, Ulundurpet not to take cognizance of the final report since the FIR itself has been quashed by this Court. If any vehicle has been seized in this case, the same shall be released to the petitioner. Consequently, the connected miscellaneous petitions are also closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar rpl/mpa To 1.The Judicial Magistrate No.I, Ulundurpet 2.The Inspector of Police, Ulundurpet Police Station, Ulundurpet, Villupuram District.

3.The Public Prosecutor, High Court of Madras.

+1 cc to Mr.T.K.Saravanan, Advocate Sr.No.5697 Crl.O.P.No.30060 of 2018 and Crl.M.P.Nos.17671 & 17672 of 2018 CSL/28.01.2019 https://hcservices.ecourts.gov.in/hcservices/