Madras High CourtCRL OP(MD)/6244/2019disposed of

Kader Batcha v. The Inspector Of Police

2019-08-09Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD) No.6244 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2019

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.6244 of 2019 and Crl.M.P.(MD) No.4115 of 2019 Kader Batcha ... Petitioner/Accused -VersusThe State Rep. by Inspector of Police, Idol Wing, Palavoor Police Station, Crime No.114 of 2005.

... Respondents/Complainant Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for the entire records and to quash the FIR registered in Crime No.114 of 2005 on the file of the respondent police framed against the petitioner alone. For Petitioner : Mr.L.Infant Dinesh for Mr.M.K.Yukanth For Respondent : Mr.K.Chellapandian, Addl.

Advocate General, Assisted by Mr.K.K.Ramakrishnan, Addl. Public Prosecutor

ORDER

This petition has been filed seeking to quash the First Information Report registered in Crime No.114 of 2005 on the file of the respondent police.

2. Heard Mr.L.Infant Dinesh, learned counsel appearing for the petitioner and Mr.K.Chellapandian, learned Additional Advocate General appearing for the respondent.

3. Originally, FIR has been registered based on an information given by one Velumsamy, a Fit-Person of Narumbunatha Swamy Thirukoil, Pazavoor in Tirunelveli District, alleging that thirteen numbers of antique idols and huge amount of cash, which was kept in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.6244 of 2019 the temple in a safety locker, were found stolen by breaking open the locker. Based on the above said complaint, a crime was registered in Crime No.114 of 2005 on the file of the respondent police for offence u/s 457 and 380 of IPC against some unknown persons. After investigation, a final report was filed against as many as eight accused persons on 29.02.2008. Thereafter, a further investigation was ordered under Section 173(8) of Cr.P.C and after the further investigation, an additional final report has been filed by the respondent police wherein, the petitioner, who was working as an Investigating Officer in the Idol Wing of CID, has been added as an accused. Now, seeking to quash the FIR, the petitioner is before this court with this original petition.

4. Admittedly, the name of the petitioner did not find a place in the FIR and he has been added as an accused in the additional final report based on the further investigation. Therefore, the petitioner cannot challenge the FIR at this stage. Thus, the quash petition itself is not maintainable in the eye of law and the same is liable only to be dismissed.

5. Accordingly, the criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) sml/kmk To 1.The Inspector of Police, Idol Wing, Palavoor Police Station, Tirunelveli District.

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

Crl.O.P.(MD) No.6244 of 2019 09.08.2019 JMN(26.09.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2