Madras High CourtCRL OP(MD)/3058/2020dismissed

Pandi v. The Inspector Of Police

2020-02-20Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD) No.3058 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.3058 of 2020 and CRL.M.P(MD) No.1600 of 2020 1.Pandi 2.Pandiammal 3.Muthulakshmi @ Chinnamuthu ... Petitioners/Accused Vs 1.The Inspector of Police, Kaaduppatti Police Station, Madurai District. ...1st Respondent/Complainant (Crime No.182 of 2019) 2.Nagarani ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to Crime No.182 of 2019 on the file of the first respondent Police dated 14.08.2019 and quash the same.

For Petitioners : Mr.A.Rajini For 1stRespondent : 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.182 of 2019 on the file of the first respondent Police dated 14.08.2019.

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 basis, the first respondent police registered a case as against the petitioner in Crime No.182 of 2019 for the offences under Sections 294(b), 506(ii) and 302 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, she 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.3058 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. Accordingly, this criminal original petition is dismissed. However, the first respondent police is directed to complete the investigation in Crime No.182 of 2019 and file a final report within a period of three Months from the date of receipt of a copy of this order. Consequently, the connected criminal miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Vsg To:

1.The Inspector of Police, Kaaduppatti Police Station, Madurai District.

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

Order made in CRL.O.P (MD) No.3058 of 2020 20.02.2020 VB(03.03.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2