Madras High Court
K.Selvaraj vs The Inspector Of Police on 7 March, 2022
Crl.O.P.(MD)No.1081 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.1081 of 2020
and
Crl.M.P(MD)No.471 of 2020
K.Selvaraj ... Petitioner
Vs.
1.The Inspector of Police,
Anna Nagar Police Station,
Madurai.
(Crime No.1624 of 2018)
2. Merlin Thomson ...Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call
for the records in FIR in Anna Nagar P.S. Cr.No.1624/2018 pending
investigation on the file of respondent police and quash the same.
For Petitioner : Mr.M.Shreedhar
For R1 : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the proceedings
in Crime No. 1624/2018 on the file of the respondent police.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1081 of 2020
2.The case of the prosecution is that the second respondent had engaged
the petitioner to collect the debt amount i.e., Rs.3,00,00,000/- from person in
Chennai. For this, the petitioner demanded Rs.10,00,000/- as charges. The
second respondent accepted his offer and paid a sum of Rs.5,00,000/- by cash
and for the remaining amount, he gave a Volvo Car bearing registration
No.TN-72-AQ 8886. But, the petitioner failed to collect the said amount.
Hence the second respondent asked to refund a sum of Rs.5,00,000/- and also
the said vehicle. Then, the petitioner had called the second respondent to
Madurai and attacked a friend of the second respondent, who came with him to
meet the petitioner. Therefore, the second respondent lodged a complaint and
the same has been registered in Crime No.1624 of 2018.
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. Without any base, the respondent police registered a case in Crime
No. 1624 of 2018 for the offences under Sections 406, 417, 420, 323 and 506(1)
of IPC.
4.The learned Additional Public Prosecutor would submit that the
investigation is completed and the respondent police are about to file the final
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Crl.O.P.(MD)No.1081 of 2020
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:-
"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
https://www.mhc.tn.gov.in/judis evidence in support of the complaint, because the
Crl.O.P.(MD)No.1081 of 2020
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
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."
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Crl.O.P.(MD)No.1081 of 2020
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 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
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To:
1.The Inspector of Police,
Anna Nagar Police Station,
Madurai.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1081 of 2020
G.K.ILANTHIRAIYAN,J.
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Crl.O.P.(MD)No.1081 of 2020
07.03.2022
https://www.mhc.tn.gov.in/judis
