R. Kosai Veeranan v. The Inspector Of Police

Crl.O.P.(MD).No.17618 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.17618 of 2019 and Crl.M.P.(MD).No.10465 of 2019 1.R.Kodaiveeranan 2.Vasanthi ..Petitioners/2nd & 3rd Accused Vs.

1.The Inspector of Police, AWPS Usilampatti Police Station, Madurai.

(In Crime No.9 of 2019) ..Respondent-1/Complainant 2.R.Nandhini ..Respondent-2 (R2 impleaded as per order of this Court dated 09.12.2019 in Crl.M.P.(MD).No.10791 of 2019) PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings in Crime No.9 of 2019 on the file of respondent police and quash the same.

For Petitioners : Mr.C.Jeganathan For 1st Respondent : Mr. S.Bharathi, Government Advocate (Crl. Side)

O R D E R

This petition has been filed to quash the FIR in Crime No. 461 of 2019 on the file of the first respondent police as against the petitioner.

2. The learned Counsel appearing for the petitioners would submit that the petitioners did not commit any offences as alleged in the impugned FIR. Without any base, the first respondent police registered a case as against the petitioner in Crime No.9 of 2019 for the offences under Sections 498(A), 294(b), 406 and 506(i) of IPC and 4 of Dowry Prohibition Act, 1961. Hence he prayed to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.17618 of 2019 quash the same.

3.The learned Government Advocate (criminal side) would submit that investigation is still pending and this petition is in premature stage and hence, he prayed for dismissal of this petition.

4. Perused the materials available on record.

5. It is seen from the First Information Report that there are specific allegation as against the petitioners, 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 investigate, grab and unearth the crime in accordance with the procedures prescribed in the Code.

6. In view of the above, this Court is not inclined to quash the FIR. Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. Further, the first respondent is directed to pursue the materials, complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) vsg To:

1.The Inspector of Police, AWPS Usilampatti Police Station, Madurai.

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

+1 CC to M/s.M/S.VEERA ASSOCIATES, Advocate ( SR-104141[F] dated 10/12/2019 ) Crl.O.P.(MD).No.17618 of 2019 and Crl.M.P.(MD).No.10465 of 2019 09.12.2019 JMN(27.12.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2