Peter Rajendra Prabhu v. The Inspector Of Police

Crl.O.P.(MD)No.18538 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No. 18557 of 2019 and Crl.M.P.(MD) No. 10905 of 2019

1. Peter Rajendra Prabhu

2. Chiristina Mary

3. Poongothai ... Petitioners Vs

1. The Inspector of Police All Women Police Station Aalangulam, Tenkasi District

2. Aishwarya ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pursuant to the proceedings of the FIR in Crime No. 17 of 2019 on the file of the first respondent dated 20.10.2019 and quash the same as devoid of merits For Petitioners : Mr.S.Selvakumar For Respondent : Mr.S.Chandrasekar, No.1 Additional Public Prosecutor

ORDER

This petition has been filed to quash the FIR in Crime No. 17 of 2019 on the file of the first respondent police as against the petitioners.

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 petitioners in Crime No. 17 of 2019 for the offences under Sections 498(A), 420 and 506(i) of IPC and Section 4 of D.P.Act. Hence he prayed to 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18538 of 2019 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 in Crime No. 17 of 2019. Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. Further the respondent police is directed to complete the investigation and file final report before the concerned Court within a period of three months from the date of receipt of a copy of this order.

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

1. The Inspector of Police All Women Police Station Aalangulam, Tenkasi District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No. 18557 of 2019 and Crl.M.P.(MD) No. 10905 of 2019 11.12.2019 se(CO) TR(30.12.2019)2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2