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Madras High CourtCRL OP(MD)/18623/2019dismissed

Veeraiah v. The Inspector Of Police

2019-12-13Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No. 18623 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No. 18623 of 2019 and Crl.M.P.(MD) No. 10935 of 2019 Veeraiah ... Petitioner/Accused No.4 Vs

1. The Inspector of Police District Crime Branch Trichy District (Crime No.12/2019) ... 1st Respondent/Complainant

2. Natarajan Hemalatha ... 2nd Respondent/Defacto Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the FIR in Crime No.12 of 2019 dated 19.07.2019 on the file of the respondent police and quash the same.

For Petitioner : Mr.T.Amjadkhan For Respondent : Mrs.S.Bharathi No.1 Government Advocate (crl. Side )

ORDER

This petition has been filed to quash the FIR in Crime No.12 of 2019 on the file of the first respondent police as against the petitioner.

2. The learned Counsel appearing for the petitioner would submit that the petitioner 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.12 of 2019 for the offences under Sections 419,420,465,467,468,471 of IPC. 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, she 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 petitioner, which has to be investigated. Further the FIR is not an encyclopedia and it need not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 18623 of 2019 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.12 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 two months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (records) // True Copy // / /2020 Sub Assistant Registrar(CS ) aav To

1. The Inspector of Police District Crime Branch Trichy District

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

Crl.O.P.(MD)No. 18623 of 2019 and Crl.M.P.(MD) No. 10935 of 2019 13.12.2019 MK (08.01.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2