A.Soundararajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2015
CORAM:
THE HONOURABLE MR. JUSTICE C.T.SELVAM CRL.O.P.Nos.2699, 2738, 2742, 2743, 2790, 2954, 3074, 3155 and 3203 of 2015 (9 Cases) and MP(MD)No.1 of 2015 (7 Nos) A.SOUNDARARAJAN ... PETITIONER IN CRL OP(MD). 2699/ 2015/ ACCUSED PANDIAN ... PETITIONER IN CRL OP(MD). 2738/ 2015/ SOLE ACCUSED 1 OCHAMMAL 2 VEERANAN 3 DHARMAR 4 DEIVAM 5 KANNUCHAMY 6 RAMAR 7 PARAMAN ... PETITIONERS IN CRL OP(MD). 2742/ 2015/ ACCUSED NO.1 TO 7 1 KARUPPAIAH 2 K.GOPINATH ... PETITIONERS IN CRL OP(MD). 2743/ 2015/ ACCUSED 1 & 3 S.SUDHAGAR ... PETITIONER IN CRL OP(MD). 2790/ 2015/ SOLE ACCUSED SENTHILNATHAN ... PETITIONER IN CRL OP(MD). 2954/ 2015/ ACCUSED NO.1 S.RIYAZDEEN ... PETITIONER IN CRL OP(MD). 3074/ 2015/ SOLE ACCUSED 1 SELVA KUMARI 2 SENGUTTIVAN ... PETITIONERS IN CRL OP(MD). 3155/ 2015/ ACCUSED NO.1 & 2 1 P. PREMKUMAR 2 K. AKKINI ... PETITIONERS IN CRL OP(MD). 3203/ 2015/ ACCUSED NO.1 & 2 - VS. -
1. THE INSPECTOR OF POLICE, KALLAL POLICE STATION, SIVAGANGAI.
..1ST RESPONDENT/COMPLAINANT
2. ARULANANTH ...2ND RESPONDENT/DEFACTO COMPLAINANT IN CRL OP(MD). 2699/ 2015
1. THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI.
CR. NO. 793/2013.
...1ST RESPONDENT/COMPLAINANT
2. SELVAM ...2ND RESPONDENT/DEFACTO COMPLAINANT IN CRL OP(MD). 2738/ 2015
1. THE INSPECTOR OF POLICE, USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT. CR.NO.02/2015 ...1ST RESPONDENT/COMPLAINANT
2. AMMASI ... 2ND RESPONDENT/DEFACTO COMPLAINANT IN CRL OP(MD). 2742/ 2015
1. THE INSPECTOR OF POLICE, C2, SUBRAMANIAPURAM CRIME POLICE STATION, MADURAI CITY, (CR.NO.123/2015) ...1ST RESPONDENT/COMPLAINANT
2. SUBRAMANIAN ... 2ND RESPONDENT/DEFACTO COMPLAINANT IN CRL OP(MD). 2743/ 2015
1. THE SUB INSPECTOR OF POLICE, RAJAKKAMANGALAM POLICE STATION, KANYAKUMARI DISTRICT (CR.NO.488 OF 2013) ..1ST RESPONDENT/COMPLAINANT
2. THANGASAMY ...2ND RESPONDENT/DEFACTO COMPLAINANT IN CRL OP(MD). 2790/ 2015
1. THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.
(CR.NO.9/2012) ...1ST RESPONDENT/COMPLAINANT
2. RAMA. KUMARAPPAN ... 2ND RESPONDENT/DEFACTO COMPLAINANT IN CRL OP(MD). 2954/ 2015
1. THE INSPECTOR OF POLICE, ELUMALAI POLICE STATION, MADURAI DISTRICT.
CR. NO. 161/2014.
...1ST RESPONDENT/COMPLAINANT
2. S.V.PADMANATHAN, VILLAGE ADMINISTRATIVE OFFICER, ELUMALAI VILLAGE, PERIAYUR TALUK, MADURAI DISTRICT.
... 2ND RESPONDENT/DEFACTO COMPLAINANT IN CRL OP(MD). 3074/ 2015
1. THE INSPECTOR OF POLICE, CITY CRIME BRANCH, MADURAI CITY.
CR. NO. 50/2014.
...1ST RESPONDENT/COMPLAINANT
2. N.S.SIVAKUMAR ... 2ND RESPONDENT/DEFACTO COMPLAINANT IN CRL OP(MD). 3155/ 2015
1. THE INSPECTOR OF POLICE, VILAMPATTI POLICE STATION, DINDIGUL DISTRICT. CRIME NO.9/2015 ...1ST RESPONDENT/COMPLAINANT
2. K. ANDIGANESAN ... 2ND RESPONDENT/DEFACTO COMPLAINANT IN CRL OP(MD). 3203/ 2015 Criminal Original Petition filed under Section 482 Cr.P.C. praying Prayer in CRL OP(MD). 2699/ 2015 :
To call for the records pertaining to the FIR in Cr. No 334 of 2014 on the file of the respondent No.1 and quash the same. Prayer in CRL OP(MD). 2738/ 2015 :
To call for the records in Cr. No. 793 of 2013 on the file of the 1st respondent and quash the same.
Prayer in CRL OP(MD). 2742/ 2015 :
To call for the records in pertaining to the case in Cr.No.02/2015 pending investigation on the file of the 1st respondent and quash the same.
Prayer in CRL OP(MD). 2743/ 2015 :
To call for the FIR in connection with Cr.No.123 of 2015 on the file of the Inspector of Police, C2, Subramaniapuram Crime Police Station, Madurai and quash the same.
Prayer in CRL OP(MD). 2790/ 2015 :
To call for the records pertaining to the First Information Report in Cr.No.488 of 2014 dated 31.12.2014 on the file of the respondent No.1, pending before the learned Judicial Magistrate Court No.I, Nagercoil, Kanyakumari District and quash the same as illegal.
Prayer in CRL OP(MD). 2954/ 2015 :
To call for the records relating to FIR in Cr.No.9 of 2012 dated 06.01.2012 on the file of the Inspector of Police, Karaikudi North Police Station, Sivagangai District and quash the same as against the petitioner.
Prayer in CRL OP(MD). 3074/ 2015 :
To call for the records relating to the proceedings in Cr. No. 161 of 2014 on the file of the 1st respondent dated 02.10.2014 and quash the same.
Prayer in CRL OP(MD). 3155/ 2015 :
To call for the records in FIR in Cr. No. 50/2014 on the file of the respondent police and quash the same with regard to the Petitioners.
Prayer in CRL OP(MD). 3203/ 2015 :
To call for the records of the case in Cr. No. 9 of 2015 on the file of the 1st respondent and quash the same. For Petitioner/Petitioners:
Mr.S.M.A.Jinnah in Crl.O.P.(MD)No.2699 of 2015 Mr.F.Deepak in Crl.O.P.(MD)No.2738 of 2015 Mr.M.Solaisamy in Crl.O.P.(MD)No.2742 of 2015 Mr.G.Gomathi Sankar in Crl.O.P.(MD)No.2743 of 2015 Mr.S.Lenin Prabu in Crl.O.P.(MD)No.2790 of 2015 Mr.D.Rameshkumar in Crl.O.P.(MD)No.2954 of 2015 Mr.V.Kannan in Crl.O.P.(MD)No.3074 of 2015 Mr.A.Arun Prasad in Crl.O.P.(MD)No.3155 of 2015 Mr.P.Ganesan in Crl.O.P.(MD)No.3203 of 2015 For 1st Respondent in all Crl.O.Ps :
Mr.K.V.Rajarajan Government Advocate,(Crl. Side) C O M M O N O R D E R All the petitioners seek to quash the First Information Reports.
2. These are about 10,500 pending criminal original petitions before the Madurai Bench of this Court. It is settled law that FIR can be quashed only in the rarest of rare cases.
3. A reading of the complaints inform commission of cognizable offences. What are the offences, if any, that stand committed, is a matter for investigation. The Hon'ble Apex Court in Arnesh Kumar Vs.State of Bihar reported in 2014 (8) Scale 250, has held thus:-
"9.
From a plain reading of the aforesaid provision, it is evident that a person accused of offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on its satisfaction that such person had committed the offence punishable as aforesaid.
Police officer before arrest, in such cases has to be further satisfied that such arrest is necessary to prevent such person from committing any further offence; or for proper investigation of the case; or to prevent the accused from causing the evidence of the offence to disappear; or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the Court or the police officer; or unless such accused person is arrested, his presence in the court whenever required cannot be ensured. These are the conclusions, which one may reach based on facts.
Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. Law further requires the police officers to record the reasons in writing for not making the arrest. In pith and core, the police office before arrest must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised. In fine, before arrest first the police officers should have reason to believe on the basis of information and material that the accused has committed the offence.
Apart from this, the police officer has to be satisfied further that the arrest is necessary for one or the more purposes envisaged by sub-clauses (a) to (e) of clause (1) of Section 41 of Cr.P.C.
14. We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine.
15. We direct that a copy of this Judgment be forwarded to the Chief Secretaries as also the Director Generals of Police of all the State Governments and the
Union Territories and the Registrar General of all the High Courts for onward transmission and ensuring its compliance."
4. The respondent is upon duty to follow the dictum of the Apex Court and in the event of arrest of persons for offences punishable not beyond seven years, the reasons for arrest are to be recorded. Similarly, in such cases the judicial Magistrates upon arrested persons being produced before them for the purpose of remand necessarily would have to inform the reasons why they consider remand necessary.
5. With the above observations, these criminal original petitions stand dismissed. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To
1. THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL, KANYAKUMARI DISTRICT.
2. THE INSPECTOR OF POLICE,KALLAL POLICE STATION, SIVAGANGAI.
3. THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI.
4. THE INSPECTOR OF POLICE,USILAMPATTI TALUK POLICE STATION, MADURAI DISTRICT.
5. THE INSPECTOR OF POLICE, C2, SUBRAMANIAPURAM CRIME POLICE STATION, MADURAI CITY,
6. THE SUB INSPECTOR OF POLICE, RAJAKKAMANGALAM POLICE STATION, KANYAKUMARI DISTRICT
7. THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.
8. THE INSPECTOR OF POLICE, ELUMALAI POLICE STATION, MADURAI DISTRICT.
9. THE INSPECTOR OF POLICE, CITY CRIME BRANCH, MADURAI CITY.
10. THE INSPECTOR OF POLICE, VILAMPATTI POLICE STATION, DINDIGUL DISTRICT.
11. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1CC TO MR.S.M.A.JINNAH, ADVOCATE IN SR : 8987 +1CC TO MR.F.DEEPAK, ADVOCATE IN SR : 8564 +1CC TO MR.M.SOLAISAMY, ADVOCATE IN SR : 8619 +1CC TO MR.G.GOMATHI SANKAR, ADVOCATE IN SR : 8401 +1CC TO MR.R.RAJESHKUMAR, ADVOCATE IN SR : 8429 +1CC TO MR.V.KANNAN, ADVOCATE IN SR : 8506 +1CC TO MR.A.ARUNPRASAD, ADVOCATE IN SR : 8932 +1CC TO MR.P.GANESAN, ADVOCATE IN SR : 8418 Rj2 SR : 20.03.2015 : 7p/20c CRL.O.P.Nos.2699, 2738, 2742, 2743, 2790, 2954,3074, 3155 and 3203 of 2015 24.02.2015