← Library
Madras High CourtCRL OP(MD)/835/2020dismissed

E.Peter Ravikumar v. The Inspector Of Police

2020-01-22Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No. 835 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No. 835 of 2020 and Crl.M.P.(MD) No. 359 of 2020 E. Peter Ravikumar ... Petitioner Vs

1. The State Rep.by The Inspector of Police S.S.Colony Police Station Madurai City.

(Crime No.1368 of 2019)

2. Sowcath ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in FIR in Crime No. 1368 of 2019 on the file of the first respondent dated 23.12.2019 and quash the same. For Petitioner : Mr.S.Royce Immanuel For Respondent : Mrs.S.Bharathi No.1 Government Advocate (crl. Side )

ORDER

This petition has been filed to quash the FIR in Crime No. 1368 of 2019 on the file of the first respondent police as against the petitioner.

2. The learned Counsel appearing for the petitioner would submit that the petitioner did not commit any offences as alleged in the impugned FIR. Without any base, the first respondent police registered a case as against the petitioner in Crime No. 1368 of 2019 for the offences under Sections 120(B), 417,420 of IPC. Hence he prayed to quash the same.

3.The learned Government Advocate (criminal side) would submit that investigation is still pending and this petition is in premature stage and hence, he prayed for dismissal of this petition.

4. Perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 835 of 2020

5. It is seen from the First Information Report that there are specific allegation as against the petitioner, which has to be investigated. Further the FIR is not an encyclopedia and it need not contain all facts. Further, 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 investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code.

6. In view of the above, this Court is not inclined to quash the FIR in Crime No. 1368 of 2019. Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. Further the respondent police is directed to complete the investigation and file final report before the concerned Court within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Inspector of Police S.S.Colony Police Station Madurai City 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.ROYCE IMMANUEL.S, Advocate ( SR-2379[F] dated 22/01/2020 ) Crl.O.P.(MD)No. 835 of 2020 and Crl.M.P.(MD) No. 359 of 2020 22.01.2020 JMN(31.01.2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2