Jayakumar v. The Inspector Of Police
Crl.O.P.(MD)No.18991 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.18991 of 2019 and Crl.M.P.(MD)No.11156 of 2019 Jayakumar : Petitioner/Accused No.7 Vs.
1.The State rep The Inspector of Police, Karimedu Police Station Madurai Crime No.915 of 2018 : Respondent/Complainant 2.Elango Deputy Jailor 1/C, Jailor Central Prison, Madurai : Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the FIR in Crime No.915 of 2018 dated 10.11.2018 on the file first respondent for offences under Section 42 of Prison Act,1894 @42,45(12) of the Prisons Act,1894 and 34 of IPC on the file of the first respondent and quash the same as illegal as against the petitioner in respect of petitioner alone For Petitioner : Mr.T.Sugadev For R1 : Mr.S.Chandrasekar Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the proceedings in First Information Report in Crime No.915 of 2018 dated 10.11.2018 on the file first respondent for offences under Section 42 of Prison Act,1894 @42,45(12) of the Prisons Act,1894 and 34 of IPC on the file of the first respondent . 2.The learned counsel appearing for the petitioner would submit that the case has been registered for offences under Sections 42 of Prisons Act, 1984 @ 42,45(12) of the Prisons Act, 1894 and 34 of IPC. He would submit that Section 42 provides for maximum punishment for six months with or without fine not exceeding Rs. 200/- and as per Part II of Schedule -I of Cr.P.C any offence punishable with imprisonment for less than three years or fine under other laws https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No.18991 of 2019 other than IPC have been denoted as non cognizable offence and necessarily under Section 155(2) , the investigation case cannot be registered unless there is Magisterial sanction for the same. Admittedly in this case the complainant has not preferred a complaint before the Magistrate, thereby the First Information Report itself necessarily fails and it has to be quashed. In support of his contention he also relied on the order passed in the Court in Crl.O.P(MD) No. 413 of 2019 dated 13.03.2019. 3.The learned Additional Public Prosecutor submitted that sanction has not been obtained from the concerned Magistrate before registering the First Information Report.
4. In view of the above, this Criminal Original Petition stands allowed. Consequently connected miscellaneous petition is also closed.
Sd/- Assistant Registrar (records) // True Copy // / /2020 Sub Assistant Registrar(CS ) aav To
1. The Inspector of Police, Karimedu Police Station Madurai
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD)No.18991 of 2019 and Crl.M.P.(MD)No.11156 of 2019 18.12.2019 MK (08.01.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2