Madras High CourtCRL OP(MD)/2387/2020dismissed

Uthayakumar v. The Inspector Of Police

2020-02-12Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.2387 of 2020 and Crl.M.P.(MD).No.1223 of 2020 1.Uthayakumar 2.Ramanathan 3.Deivakani 4.Rajaselvi 5.Tamilselvi 6.Sadayandi 7.Devindrakumar 8.Kavitha ..Petitioners/Accused Nos.1 to 8 Vs.

1.State represented by, The Inspector of Police, All Women Police Station, Keelakarai, Ramanathapuram District.

(In Crime No.12 of 2019) ..1st Respondent / Complainant 2.Ilavarasi ..2nd Respondent / Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records and quash the FIR in Crime No.12 of 2019 on the file of the Inspector of Police, All Women Police Station, Keelakarai, Ramanathapuram District dated 27.11.2019, the petitioner is concerned. For Petitioners : Mr.A.S.Krishnan For 1st Respondent : Mrs.S.Bharathi Government Advocate (Crl. Side)

O R D E R

This quash petition is filed to quash the criminal proceedings in Crime No.12 of 2019 on the file of the Inspector of Police, All Women Police Station, Keelakarai, Ramanathapuram District dated 27.11.2019.

2.The learned Counsel appearing for the petitioners would submit that the petitioners did not commit any offences as alleged in the impugned FIR. Without any basis, the first respondent police registered a case as against the petitioners in Crime No.12 of 2019 for the offences under Sections 498(A), 406 and 494 of IPC and https://hcservices.ecourts.gov.in/hcservices/

Section 4 of DP Act. 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.

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. Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. However, the first respondent is directed to complete the investigation in Crime No.12 of 2019 within a period of Three Months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To:

1.The Inspector of Police, All Women Police Station, Keelakarai, Ramanathapuram District.

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

Crl.O.P.(MD).No.2387 of 2020 and Crl.M.P.(MD).No.1223 of 2020 12.02.2020 SMA/28/02/2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/