C.Selvam v. The Sub Inspector Pf Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and CRL.M.P (MD) No.3425 of 2022 C.Selvam ... Petitioner Vs
1. The Sub Inspector of Police, Surandai Police Station, Surandai, Tankasi District, (Crime No.1 of 2021)
2. Kanagaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the First Information Report in Crime No.1 of 2022 dated 05.01.2022 on the file of the Respondent No.1 for offence under the Section 304 of Indian Penal Code and quash the same as illegal as against the petitioner is concerned.
For Petitioner : Mr.S.I.Muthiah For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1
O R D E R
This Criminal Original Petition has been filed to quash the FIR in Crime No.1 of 2022 on the file of the first respondent police.
2. The case of the prosecution is that on the date of occurrence i.e., 04.01.2022 at about 08.45 hours, the defacto complainant and the deceased started their respective bike to reach the place of the defacto complainant. When the defacto complainant and the deceased nearing Parankundam Villaiku at night hours, where the petitioner dumped sand in his land and in the road, got skit and fell down and the deceased sustain grievous injuries and died on the spot. Hence, the present FIR has been registered. 3.The learned Counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the first accused without informing him unloaded the sand in the road and the petitioner was not aware of the occurrence. Without 1/4
any base, the first respondent police registered a case in Crime No.1 of 2022 for the offence under Sections 304 of IPC. 4.The learned Additional Public Prosecutor would submit that the investigation is completed and the respondent police is about to file the final report before the concerned court.
5. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the first respondent and perused the materials available on record.
6. 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 step in to investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code.
7.It is also relevant to rely upon the judgment of the Hon'ble Supreme Court of India passed in Crl.A.No.255 of 2019 dated 12.02.2019 - Sau. Kamal Shivaji Pokarnekar vs. the State of Maharashtra & ors., wherein it is held as follows:- "4. The only point that arises for our consideration in this case is whether the High Court was right in setting aside the order by which process was issued. It is settled law that the Magistrate, at the stage of taking cognizance and summoning, is required to apply his judicial mind only with a view to taking cognizance of the offence, or in other words, to find out whether a prima facie case has been made out for summoning the accused persons. The learned Magistrate is not required to evaluate the merits of the material or evidence in support of the complaint, because the Magistrate must not undertake the exercise to find out whether the materials would lead to a conviction or not.
5. Quashing the criminal proceedings is called for only in a case where the complaint does not disclose any offence, or is frivolous, vexatious, or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same. It is not necessary that a 2/4
meticulous analysis of the case should be done before the Trial to find out whether the case would end in conviction or acquittal. If it appears on a reading of the complaint and consideration of the allegations therein, in the light of the statement made on oath that the ingredients of the offence are disclosed, there would be no justification for the High Court to interfere.
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9. Having heard the learned Senior Counsel and examined the material on record, we are of the considered view that the High Court ought not to have set aside the order passed by the Trial Court issuing summons to the Respondents. A perusal of the complaint discloses that prima facie, offences that are alleged against the Respondents. The correctness or otherwise of the said allegations has to be decided only in the Trial. At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused. Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted."
8.In view of the above discussion, this Court is not inclined to quash the First Information Report. Hence this Criminal Original Petition stands dismissed. However, the respondent police is directed to complete the investigation and file final report before the concerned Magistrate, within a period of twelve weeks from the date of receipt of a copy of this Order. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 3/4
To
1. The Sub Inspector of Police, Surandai Police Station, Surandai, Tankasi District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL.O.P (MD) No.4845 of 2022 in CRL.M.P (MD) No.3425 of 2022 15.03.2022 RD(31.03.2022) 4P 3C 4/4