Madras High Court
A.Jesuraja vs The Inspector Of Police on 1 March, 2022
Crl.O.P.(MD)No.3463 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No. 3463 of 2022
and
Crl.M.P(MD)No.2575 of 2022
A.Jesuraja ... Petitioner
Vs.
1. The Inspector of Police,
City Crime Branch,
Tirunelveli City.
(Crime No.6 of 2019) ... Complainant /
Respondent
2. Albreat ... Respondent /
Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the records in Crime No.06 of 2019 on the file of the Inspector of Police, City
Crime Branch, Tirunelveli City and quash the same.
For Petitioner : Mr.N.Mohideen Basha
For Respondents : Mr.B.Thanga Aravindh
Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.06 of 2019 on the file of the Inspector of Police, City Crime Branch,
Tirunelveli City.
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Crl.O.P.(MD)No.3463 of 2022
2. The case of the prosecution is that the defacto complainant is doing
real estate business and that Jesuraja (A.1) approached the defacto complainant
through broker to purchase the shopping complex and the defacto complainant
agreed to sell the shopping complex for a sale consideration of Rs.2,27,00,000/-
(Rupees Two Crores and Twenty Seven Lakhs only) and executed a sale
agreement on 23.01.2018 and that Jesuraja (A.1) paid Rs.94,00,000/- (Rupees
Ninety Four Lakhs only) in four installments and that Jesuraja (A.1) failed to
pay the remaining sale consideration and that on 17.12.2018, based on the
complaint of Jesuraja (A.1), Assistant Commissioner of Police G.Chakravarthy
and other Police Officers came to the house of the defacto complainant and that
they took the defacto complainant and his wife to the police station and that
police officials threatened him to execute sale deed in favour of Jesuraja (A.1)
and that since the defacto complainant refused to execute sale deed, the police
officials intimidated the defacto complainant to pay Rs.1,09,00,000/- (Rupees
One Crore and Nine Lakhs only) to Jesuraja (A.1) and that the defacto
complainant paid Rs.40,00,000/- (Rupees Forty Lakhs only) to Jesuraja (A.1) in
front of police officials and that he gave three blank cheques and the original
deeds of properties belonging to his son and that they signed in a sale
agreement.
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
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Crl.O.P.(MD)No.3463 of 2022
prosecution. Without any base, the first respondent police registered a case in
Crime No.06 of 2019 for the offences under Sections 294(b), 342, 447, 384 and
506(i) IPC.
4.The learned Government Advocate (Criminal Side) would submit that
the investigation is completed and the respondent police are about to file the
final report before the concerned court.
5.Heard both sides and perused the materials available on record.
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:-
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Crl.O.P.(MD)No.3463 of 2022
"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 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.
6.........
7.........
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
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Crl.O.P.(MD)No.3463 of 2022
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 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 first 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.
01.03.2022
Index : Yes / No
Internet : Yes/ No
mga
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is presented is
the correct copy, shall be the responsibility of the advocate/litigant
concerned.
To
1. The Inspector of Police,
City Crime Branch,
Tirunelveli City.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.3463 of 2022
G.K.ILANTHIRAIYAN, J.
mga
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P(MD)No.3463 of 2022
01.03.2022
https://www.mhc.tn.gov.in/judis
