Madras High Court
Venkatesh vs The Inspector Of Police on 7 February, 2022
Crl.O.P.(MD)No.2481 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.02.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.2481 of 2022
and
Crl.M.P(MD) No.1833 of 2022
Venkatesh ... Petitioner
Vs.
1. The Inspector of Police
Tenkasi Police Station
Tenkasi, Tenkasi District
2. Baskar ... Respondents
Prayer: Criminal Original Petition filed under section 482 of Criminal
Procedure Code, to call for the records in Cr.No. 445 of 2020 on the file of
the 1st respondent police and quash the same
For Petitioner : Mr. N.K.Arul Muruganantham
For Respondents : Mr.R.M.Anbunithi
No.1 Additional Public Prosecutor
ORDER
This Criminal Original petition has been filed to quash the
proceedings in Cr.No. 445 of 2020 on the file of the first respondent
police.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2481 of 2022
ORDER
This Criminal Original Petition has been filed to quash the
proceedings in Crime No. 445 of 2020 on the file of the first respondent police.
2. The case of the prosecution is that on 23.11.2020 the defacto
complainant appeared before the respondent, impersonated himself as an
advocate and also President of Elayabaratham Sangam and also received a sum
of Rs.50,000/- and cheated one Manikandan.
3. The learned Counsel appearing for the petitioner would submit that
the petitioner subsequently completed law decree and he is unable to enroll
himself as an advocate due to the pendency of the First Information Report
registered in Crime No.445 of 2020. He would further submit that he has no
locus as alleged in the complaint since he is not an aggrieved person.
4. The learned Additional Public Prosecutor would submit that there
are specific allegations against the petitioner and the petitioner has made out the
case under Section 420 of IPC and the investigation is still pending.
5. Heard both sides and perused the materials available on record.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2481 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., 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2481 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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8........
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
behalf of the accused. Criminal complaints cannot be
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2481 of 2022
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."
7. 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.
Consequently, connected miscellaneous petition is closed.
07.02.2022
Internet:Yes/No
Index:Yes/No
Speaking/Non speaking order
aav
To
1. The Inspector of Police
Tenkasi Police Station
Tenkasi, Tenkasi 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.2481 of 2022
G.K.ILANTHIRAIYAN. J,
aav
Crl.O.P.(MD)No.2481 of 2022
and
Crl.M.P(MD) No.1833 of 2022
07.02.2022
https://www.mhc.tn.gov.in/judis
