V.Baskaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2024 CORAM :

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P(MD)No. 297 of 2021 and Crl.M.P(MD).No.120 of 2021 V.Baskaran ... Petitioner / Accused No.1 Vs.

1.State through, The Inspector of Police, District Crime Branch, Madurai District.

(In Crime No.30 of 2019) ... 1sr Respondent / Complainant 2.V.Alagumurugesan ... 2nd Respondent / Defacto Complainant PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.30 of 2019 on the file of the first respondent dated 24.10.2019 and quash the same as illegal with regard to the petitioners alone.

For Petitioner : Mr.Sridhar for M/s.APN Law Associates For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R2 : Mr.M.Mohideen Basha 1/4

O R D E R

This petition has been filed to quash the impugned FIR in Crime No.30 of 2019 on the file of the first respondent.

2. The learned Counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No.30 of 2019 for the offences under Sections 406, 416, 420 & 506(1) of IPC, as against the petitioner. Hence he prayed to quash the same.

3.The learned Government Advocate (Crl.Side) would submit that the investigation is in preliminary stage. Further, there is specific allegations against the petitioner. Hence, he vehemently opposed to allow this petition.

4. Heard both sides.

5.It is seen from the First Information Report that there are specific allegations as against the petitioner to attract the offences, which has to 2/4

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. In view of the above discussion, this Court is not inclined to quash the First Information Report. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

04.06.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order dss To 1.The Inspector of Police, District Crime Branch, Madurai District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

A.A.NAKKIRAN, J.

dss Crl.O.P(MD)No. 297 of 2021 and Crl.M.P(MD).No.120 of 2021 04.06.2024 4/4