Madras High Court
S.Venugopal vs State Rep.By The Inspector Of ... on 8 April, 2022
Crl.O.P.No.4662 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2022
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.O.P.No.4662 of 2019
and
Crl.M.P.No.2761 of 2019
S.Venugopal ... Petitioner
Vs.
State rep.by the Inspector of Police
Hosur Town Police Station
Krishnagiri District. ... Respondent
PRAYER: Criminal Original Petition had been filed under Section 482 of
Cr.P.C, praying to call for the records and quash the First Information
Report in Crime No.209 of 2016 dated 14.03.2016 on the file of the
Inspector of Police, Hosur Town Police Station, Krishnagiri District.
For Petitioner : Mr.M.P.Saravanan
For Respondent : Mr.R.Vinothraja
Government Advocate (Crl.Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4662 of 2019
ORDER
This petition had been filed to call for the records and quash
the First Information Report in Crime No.209 of 2016 dated 14.03.2016 on
the file of the Inspector of Police, Hosur Town Police Station, Krishnagiri
District.
2. The learned Counsel for the Petitioner submitted his
arguments by placing reliance on the order granting bail to the Petitioner by
the learned Principal Sessions Judge, Krishnagiri, in Crl.M.P.No.680 of
2016, wherein, she had observed that nothing had been recovered from the
Accused. Therefore, bail was granted to him.
3. The learned Counsel for the Petitioner herein by placing
reliance on the above observations of the learned Sessions Judge, seeks to
quash the First Information Report. He further submitted that at the time of
filing of this Criminal Original Petition, interim stay was granted against the
Investigating Officer.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4662 of 2019
4. The learned Government Advocate (Crl.Side) submitted that
investigation could not be proceeded as there is an interim stay.
5. The learned Counsel for the Petitioner replies that the case
was registered in the year 2016 and now we are in 2022. He seeks to quash
the First Information Report by placing reliance on the decision of the
Hon'ble Supreme Court in the judgment of State of Haryana and Ors Vs.
Ch.Bhajan Lal and Ors, reported in 1992 AIR 604 and the guidelines
issued in Para No.8.1 in (a) & (e).
6. Though the submission of the learned Counsel for the
Petitioner is acceptable, but at the same time, the Hon'ble Supreme Court
deprecated the practice of using or exercising power under Section 482 of
Cr.P.C., liberally by the High Court.
7. It is the case of the Prosecution that the Petitioner herein is
alleged to have used the ID cards under the guise of Human Rights
Commission. Therefore, the Respondent Police registered the case against
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Crl.O.P.No.4662 of 2019
him and he was arrested. After obtaining bail from the Sessions Court, he
had approached this Court to quash the First Information Report in the year
2019. At the stage of admission, this Court granted interim stay against the
Investigating Officer, till the disposal of this Criminal Original Petition.
The Petitioner, who is the accused before the Court concerned had
succeeded in dragging the case and still it cannot be said that no material
has been collected.
8. The submission of the learned Counsel for the Petitioner is
found unacceptable. The case has been registered by the Police against the
Accused for misusing the emblem under the guise of “Human Rights
Commission”. Already this Court ceased the matter after referring the case
by initiating action against the people, who are running controversial
Human Rights Commission unlawful/illegal (Katapanchayat). As per the
discussion of the Hon'ble Supreme Court, it is an abuse of process of the
Court on indulging in such kind of acts, which deprecates the Court time
and again. Hence, this petition is dismissed with directions to the Police to
proceed with the investigation and file a final report at the earliest before
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Crl.O.P.No.4662 of 2019
the Competent Court within a period of three months from the date of
receipt of a copy of this order.
9. Accordingly, this Criminal Original Petition is dismissed.
Consequently, connected Miscellaneous Petition is closed.
08.04.2022
Index : Yes / No
Internet : Yes / No
dna
To
1.The Principal Sessions Judge, Krishnagiri.
2.The Inspector of Police
Hosur Town Police Station
Krishnagiri District.
3.The Public Prosecutor
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4662 of 2019
SATHI KUMAR SUKUMARA KURUP., J.
dna
Crl.O.P.No.4662 of 2019
and
Crl.M.P.No.2761 of 2019
08.04.2022
https://www.mhc.tn.gov.in/judis
