Madras High CourtCRL OP(MD)/17418/2019allowed

A. Selvakumar v. The Inspector Of Police

2019-11-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.17418 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.17418 of 2019 and Crl.M.P (MD) Nos.10263 and 10264 of 2019 A. Selvakumar ... Petitioner/Accused Vs.

1. The State rep. by The Inspector of Police Sendhamaram Police Station Tenkasi Dsitrict (Formerly Tirunelveli District) ... 1st Respondent/Complainant

2. Dharmaraj Sub Inspector of Police Sendhamaram Police Station Tenkasi District (Formerly Tirunelveli District) ... 2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.60 of 2019 on the file of the learned Judicial Magistrate Court, Tenkasi the charge sheet, the consequential further proceedings For Petitioner : Mr.C.Karthik For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to quash final report filed by the respondent police which has been taken on file in C.C.No.60 of 2019 on the file of the learned Judicial Magistrate Court, Tenkasi

2. The final report has been filed against the petitioner for an alleged offence under section 379 of IPC.

3.The learned counsel for the petitioner would submit that in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17418 of 2019 this case both the complainant as well as the investigating officer are the same.

4.It can be seen from records that the First Information Report was registered by the second respondent and he is conducting the investigation and he has also filed the final report. Therefore the very same investigation in this case is vitiated. This case is squarely covered by the judgment of the Honourable Supreme Court in Mohan Lal- vs- The State of Punjab in Criminal Appeal No.1880 of 201 1, wherein the Honourable Supreme Court has categorically held that the foundation of the fair trial postulates that the informant and the investigator must not be the same person.

5. In view of the above the final report filed by the respondent police in C.C.No.60 of 2019 on the file of the Judicial Magistrate Court, Tenkasi is hereby quashed and the Criminal Original Petition is allowed. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Judicial Magistrate, Tenkasi

2. The Inspector of Police Sendhamaram Police Station Tenkasi Dsitrict, (Formerly Tirunelveli District) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.KARTHIK, Advocate ( SR-101707[F] dated 27/11/2019 ) Crl.O.P.(MD)No.17418 of 2019 and Crl.M.P (MD) Nos.10263 and 10264 of 2019 27.11.2019 JMN(17.12.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2