Amalraj, S/O.K.Vincent v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4411 of 2019 and Crl.M.P.(MD)No.2677 of 2019 Amalraj : Petitioner Vs.
State represented by its:- 1.The Inspector of Police, S.S.Colony Police Station, In Cr.No.646 of 2018, Madurai District.
2.Srinivas : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the FIR in Crime No.646 of 2018 on the file of the first respondent and quash the same. For Petitioner : Mr.C.Susi Kumar For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)
ORDER
The petitioner, who is arrayed as A4 in Crime No.646 of 2018 registered on the basis of a complaint preferred by the second respondent and now under investigation by CBCID (who is not arrayed as a party before this Court), has come forward with this petition to quash the FIR.
2.The allegation in the complaint is that the accused persons have run bogus UGC centres in few southern Districts and a complaint was made by an authorised official of the University Grant Commission.
3.Earlier, this Court, vide order in Crl.O.P.(MD)No.810 of 2019, dated 26.02.2019, has directed transfer of investigation to CBCID.
4.Today, the learned Government Advocate (Crl.side) submitted that the Commissioner of Police, Madurai City, Vide his proceedings dated 14.03.2019, has already handed over the papers to CBCID. https://hcservices.ecourts.gov.in/hcservices/ 5.This developments apart, FIR on its face discloses commission of a very serious offence and the petitioner is a named
offender in the FIR. It is therefore, necessary that the investigation is taken to its logical conclusion to arrive at the truth of the allegations made in the FIR.
6. The learned counsel appearing for the petitioner however would intervene that the petitioner is as much a victim as the University Grant Commission itself and he can prove his innocence that he is not a participant in the commission of the crime but himself is a victim of the crime.
7. Even as this Court finds no merit to quash the FIR, it grants liberty to the petitioner to share any information he has with the present Investigating Agency if he considers it appropriate to share.
8.Subject to the above observations, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (WRIT AE) // True Copy // Sub Assistant Registrar(CS ) rmi/ta To 1.The Inspector of Police, S.S.Colony Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-57275[F] dated 28/03/2019 ) Crl.O.P.[MD]No.4411 of 2019 and Crl.M.P.(MD)No.2677 of 2019 26.03.2019 DS/ /SAR- (16.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/