Madras High Court
N.Packirisamy vs The State Represented By on 7 March, 2022
Crl.O.P.(MD)No.7709 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.7709 of 2020
in
Crl.M.P(MD)No.3707 of 2020
N.Packirisamy ... Petitioner/
Accused No.2
Vs.
The State represented by
The Inspector of Police,
Ammapet Police Station,
Thanjavur District.
(Crime No.127 of 2020) ... Respondent/
Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the records and quash the proceedings in Crime No. 127 of 2020 dated on
21.03.2020 pending on the file of respondent police.
For Petitioner : Mr.T.Venkatesan
For Respondent : Mr.B.Thanga Aravindh
Government Advocate(Crl.Side)
ORDER
The Criminal Original Petition has been filed to quash the FIR as against
the petitioner/ Accused No.2 in Crime No. 127 of 2020 on the file of the first
respondent for the alleged offences under Sections 379 IPC and 21 (4) of Mines
and Minerals (Development & Regulation) Act, 1957.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.7709 of 2020
2. The case of the prosecution is that on 21.03.2020, a 407 Van bearing
Registration No.TN-72-V-4779 seized by one, Sridharan, Special Sub Inspector
of Police attached to Ammapet Police Station along with two other Police
Constables during the patrol Via Ammapet-Vaduvur Main Road near Railway
Station, Ammapet, loaded with one unit of river sand. It is further submitted
that the driver of the vehicle loaded with one unit of river sand caught red
handed and the FIR was registered as against the petitioner by misconceiving
him as owner of the vehicle.
3.The learned Counsel appearing for the petitioners would submit that
the petitioners are innocent and they have not committed any offence as alleged
by the prosecution. Without any base, the respondent police registered a case in
Crime No. 127 of 2020 for the offences under Sections 379 IPC and 21 (4) of
Mines and Minerals (Development & Regulation) Act, 1957 as against the
petitioners.
4.The learned Government Advocate (Criminal Side) would submit that
the investigation is almost 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.
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Crl.O.P.(MD)No.7709 of 2020
6.It is seen from the First Information Report that there are specific
allegation as against the petitioners, 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 to a
conviction or not.
5. Quashing the criminal proceedings is
called for only in a case where the complaint does
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Crl.O.P.(MD)No.7709 of 2020
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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7.........
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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 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
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Crl.O.P.(MD)No.7709 of 2020
investigation and file final report before the concerned Magistrate, within a
period of twelve weeks from the date of receipt of a copy of this Order.
Consequently, connected miscellaneous petition is closed.
07.03.2022
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,
Ammapet Police Station,
Thanjavur 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.7709 of 2020
G.K.ILANTHIRAIYAN, J.
mga
Crl.O.P(MD)No.7709 of 2020
in
Crl.M.P(MD)No.3707 of 2020
07.03.2022
https://www.mhc.tn.gov.in/judis
