Madras High Court
Mukesh @ Mukesh Kannan vs The Inspector Of Police on 1 April, 2022
Crl.O.P.(MD)No.6048 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.6048 of 2022
Mukesh @ Mukesh Kannan ... Petitioner
Vs
1. The Inspector of Police
Kollidam Police Station
Trichy District
2. Vinithkumar ... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to Call for the
records pertaining to the case in Crime No.66 of 2019 on the file of the first
respondent police and quash the same as against the petitioner.
For Petitioner : Mr.M.Pitchaimuthu
For Respondents : Mr.R.M.Anbunithi
No.1 Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the
proceedings in Crime No.66 of 2019 on the file of the first respondent police.
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Crl.O.P.(MD)No.6048 of 2022
2. The case of the prosecution is that on the date of occurrence i.e.,
24.05.2019 when the defacto complainant his brother and his friends were
attending the temple festival, A1 to A5 and some other un named persons due
to previous enmity made quarrel and A1 attacked him aruval and A2 attacked
him with hands due to which he sustained injuries. With the above allegations,
the respondent police registered the above FIR.
3. The learned Counsel appearing for the petitioner would submit that
the petitioner is innocent and he has not committed any offence as alleged by
the prosecution.
4. The learned Additional Public Prosecutor would submit that the
investigation is completed and the respondent police are about to file the final
report before the concerned court. He would further submit that after
investigation six more accused persons have been included in the final report
and the petitioner herein is arrayed as A11 and there is specific overt act as
against him.
5. Heard both sides and perused the materials available on record.
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Crl.O.P.(MD)No.6048 of 2022
6. 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 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 step in to investigate, grab
and unearth the crime in accordance with the procedures prescribed in the Code.
7.It is also relevant to rely upon the judgment of the Hon'ble Supreme
Court of India passed in Crl.A.No.255 of 2019 dated 12.02.2019 - Sau.
Kamal Shivaji Pokarnekar vs. the State of Maharashtra & ors., wherein it
is held as follows:-
"4. The only point that arises for our
consideration in this case is whether the High Court
was right in setting aside the order by which process
was issued. It is settled law that the Magistrate, at the
stage of taking cognizance and summoning, is required
to apply his judicial mind only with a view to taking
cognizance of the offence, or in other words, to find
out whether a prima facie case has been made out for
summoning the accused persons. The learned
Magistrate is not required to evaluate the merits of the
material or evidence in support of the complaint,
because the Magistrate must not undertake the
exercise to find out whether the materials would lead
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Crl.O.P.(MD)No.6048 of 2022
to a conviction or not.
5. Quashing the criminal proceedings is called
for only in a case where the complaint does not
disclose any offence, or is frivolous, vexatious, or
oppressive. If the allegations set out in the complaint
do not constitute the offence of which cognizance has
been taken by the Magistrate, it is open to the High
Court to quash the same. It is not necessary that a
meticulous analysis of the case should be done before
the Trial to find out whether the case would end in
conviction or acquittal. If it appears on a reading of the
complaint and consideration of the allegations therein,
in the light of the statement made on oath that the
ingredients of the offence are disclosed, there would be
no justification for the High Court to interfere.
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9. Having heard the learned Senior Counsel and
examined the material on record, we are of the
considered view that the High Court ought not to have
set aside the order passed by the Trial Court issuing
summons to the Respondents. A perusal of the
complaint discloses that prima facie, offences that are
alleged against the Respondents. The correctness or
otherwise of the said allegations has to be decided only
in the Trial. At the initial stage of issuance of process it
is not open to the Courts to stifle the proceedings by
entering into the merits of the contentions made on
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Crl.O.P.(MD)No.6048 of 2022
behalf of the accused. Criminal complaints cannot be
quashed only on the ground that the allegations made
therein appear to be of a civil nature. If the ingredients
of the offence alleged against the accused are prima
facie made out in the complaint, the criminal
proceeding shall not be interdicted."
8. In view of the above discussion, this Court is not inclined to quash
the First Information Report. Hence this Criminal Original Petition stands
dismissed. However, the respondent police is directed to complete the
investigation and file final report before the concerned Magistrate, within a
period of eight weeks from the date of receipt of a copy of this Order.
01.04.2022
Internet:Yes/No
Index:Yes/No
Speaking/Non speaking order
aav
To
1. The Inspector of Police
Kollidam Police Station
Trichy District
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.6048 of 2022
G.K.ILANTHIRAIYAN. J,
aav
Crl.O.P.(MD)No.6048 of 2022
01.04.2022
https://www.mhc.tn.gov.in/judis
