Madras High CourtCRL OP(MD)/832/2020dismissed

J.Jayapaul Mohan v. The Inspector Of Police

2020-01-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD).No.832 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.832 of 2020 J.Jayapaul Mohan ..Petitioner/Sole Accused Vs.

1.The State rep. by, The Inspector of Police, Karungal Police Station, Kanyakumari District.

.. Respondent/Complainant 2.Mary Priya .. Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.461 of 2019 on the file of the first respondent police and quash the same.

For Petitioner : Mr.M.Anandran For 1stRespondent : Mrs.S.Bharathi Government Advocate (Crl. Side)

O R D E R

This petition has been filed to quash the FIR in Crime No.461 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 due to civil dispute pending between the petitioner and the second respondent, a false case has been foisted against the petitioner. Without any basis, the first respondent police registered a case as against the petitioner in Crime No.461 of 2019 for the offences under Sections 342, 323, 324, 379 and 506(ii) of IPC and 4 of TN Prohibition of Harassment of Women Act, 2002. Hence he prayed to quash the same.

3.The learned Government Advocate (criminal side) would submit that the defacto complainant was injured. She would further https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.832 of 2020 submit that it is a case and case in counter and investigation in both the case are 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. 5.It is seen from the First Information Report that there are specific allegation as against the petitioners, 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. 461 of 2019. Accordingly, this criminal original petition is dismissed. Further the first respondent police is directed to complete the investigation and file final report before the concerned Court in both the crime number following the police standing order and file final report within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To:

1. The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

+1 CC to M/s.M.ANANDRAJ, Advocate ( SR-3766[F] dated 29/01/2020 ) Crl.O.P.(MD).No.832 of 2020 28.01.2020 JMN(17.02.2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2