Daisy v. The Inspector Of Police
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 27.09.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD) Nos.8400 and 8401 of 2019 Daisy ... Petitioner Vs 1.The Inspector of Police District Crime Branch Kanyakumari District 2.P.Rasalraj Managing Director Christ the King Benefit Fund Mannumamoodu0 629 170 Kanyakumari District ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records from the learned Judicial Magistrate No.II, Kuzhithurai in C.C.No. 246 of 2016 and quash the same as it has no prima facie case against the petitioners. For Petitioner : Mr.Ananth.C.Rajesh For Respondents : Mr.K.Suyambulinga bharathi, G.A. (Crl. Side) for R1 O R D E R This petition has been filed to quash the proceedings in C.C.No. 246 of 2016 on the file of the learned Judicial Magistrate No.II, Kuzhithurai , as against the petitioner. 2.
The learned Counsel appearing for the petitioner would submit that the petition is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No. 30 of 2018 for the offences under Sections 403,409,477(A),420,202,204 and 120(B) of IPC, as against the petitioner and taken cognizance for in C.C. No.246 of 2016. Hence he prayed to quash the same. 1/4
3.
The learned Government Advocate(Crl.Side) would submit that the case is under trial.
4.
Heard Mr.Ananth.C.Rajesh learned counsel appearing for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate(Crl.Side) appearing for the first respondent. 5.
It is seen from the First Information Report that there is a 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. It is 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 in the case of Sau. Kamal Shivaji Pokarnekar vs. the State of Maharashtra & ors., 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 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 2/4
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."
It is also relevant to rely upon the judgment of the Hon'ble Supreme Court of India passed in Crl.A.No.579 of 2019 dated 02.04.2019 in the case of Devendra Prasad Singh Vs. State of Bihar & Anr., as follows:- " 12.So far as the second ground is concerned, we are of the view that the High Court while hearing the application under Section 482 of the Cr.P.C. had no jurisdiction to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and, therefore, there was no prima facie case made out against respondent No.2. In our view, this could be done only in the trial while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings.
13.In view of the foregoing discussion, we allow the appeal, set aside the impugned order and restore the aforementioned complaint case to its original file for being proceeded with on merits in accordance with law.
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6.
In view of the above discussion, this Court is not inclined to quash the proceedings in C.C.No. 246 of 2019 on the file of the learned Judicial Magistrate No.II, Kuzhithurai. Hence this Criminal Original Petition stands dismissed. Consequently connected miscellaneous petitions are closed. However, the trial Court is directed to complete the trial within a period of six months from the date of receipt of copy of this Order.
Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS ) Aav To
1. The Judicial Magistrate No.II, Kuzhithurai
2. The Inspector of Police District Crime Branch Kanyakumari District
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.ANANTH C.RAJESH, Advocate SR-90293. and Crl.M.P.(MD) Nos.8400 and 8401 of 2019 27.09.2019 CS(16.10.2019) 4P 5C 4/4